How A Labcorp Ruling Could Affect Wage Class Actions
Max Kutner, Law360 Employment Authority
May 6, 2025
"However, if the justices rule the other way and allow certification of a class that includes potentially noninjured members, employers will likely still seek to trim classes, said Alexandra Shulman, a labor and employment attorney at management-side firm Buchalter PC
"Defendants would still be trying to make the argument that that class definition is overbroad," Shulman said." That's always going to be a consideration for defendants — trying to get that class as narrow as possible. So I think the strategy would still stay the same, it just would be a bigger hurdle."
Shulman added that there would remain ways to challenge the class after certification, such as throughdecertification, "but that's obviously more time and expense for the defendant, as opposed to getting that initialearly ruling that would reduce the class size."
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