Like the majority of our government, the Supreme Court has garnered a considerable amount of public attention recently. This is undoubtedly due to the various controversies encircling our political system. As of January 13, 2017, our Supreme Court has another major issue on its hands, in addition to its already overhanging need to find a replacement Justice. Thanks to nationwide prompting, the Supreme Court must also focus on class action waivers, and whether they should count as enforceable law.
What Is a Class Action Waiver?
To fully understand what a class action waiver is, we must first clarify what “class action” means in and of itself. Simply put, class action is defined as at least one representative filing a lawsuit in the name of a large group. This group must be so large that rendering them all plaintiffs in the case would be an impossible endeavor. Therefore, any chosen representatives of the group are chosen to bring to light the core issues of the case, as agreed upon by the entire association.
A class action waiver, therefore, nullifies the effects of a class action suit. It is defined as a consensual agreement to do away with the ability of a class action to file a case against a specific group.
Why Is This Important?
The concept of a class action waiver could appeal specifically to corporations and other large businesses. We, and the many individuals affected by such situations, have witnessed the effect of wage law violations. Such crimes severely limit the financial security of those who need such protections the most, affecting not only their lives, but the lives of their families and communities.
Unfortunately, corruption is alive and well in our society. It stands to reason large corporations could take advantage of class action waivers to halt any chances of them being sued for poor business conduct and employee rights violations. This also limits the ability of workers, who may already have so few resources, to lobby for the help they need and the justice they deserve.
How Will the Supreme Court Get Involved?
As stated above, the Supreme Court has recently agreed to review a handful of cases revolving around wage related class action waivers. This sort of national attention may be the deciding factor in whether or not class action waivers should be enforced by the federal government and lower jurisdictions.
However, there’s one minor hitch in the way of their decision making: the lack of a Supreme Court Justice to help carry out the final vote. The longer our government offices sit on who to elect for this important position, the longer we face the final federal decision being drawn out and state governments having to make the decision for themselves.
If you’re dealing with wage violations at this very moment, this may sound discouraging. However, there is hope. You can still consult a labor wage attorney who will help you obtain the justice you’ve so long hoped for. At Gordon & Gordon, we understand your hardships and want to help. That’s why we’re one of the best teams of New York attorneys to work with throughout your case.
Be sure to contact us today to find out how we can help you with your specific situation.