Big or Small, Ninth Circuit Confirms That Dukes Must Be Considered in All Wage and Hour Class Actions

With last week’s denial of the plaintiffs’ request for a full panel rehearing in Wang v. Chinese Daily News [here], the Ninth Circuit reminds us that the Supreme Court’s ruling in Walmart v. Dukes provides valuable ammunition against wage and hour class actions of all sizes.

In March 2004, three employees of the Chinese Daily News filed claims for unpaid overtime, meal and rest break violations, and wage statement penalties.  They sought collective action certification under the FLSA and class action certification under Rule 23(b)(2) (i.e., a class seeking injunctive relief) or, in the alternative, 23(b)(3) (i.e., a class seeking money damages).  The district court certified an FLSA collective and a 200-person injunctive relief class (or, in the alternative, a 23(b)(3) class). 

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