In a recent posting in the MS & K Employment Alert, Steven Schneider and Ivan Perkins wrote about the recent Supreme Court decision in Wal-Mart Stores, Inc. v. Dukes.  In Dukes, the Court de-certified a class of more than one million people.  Although the Court held that the individual plaintiffs were entitled to determination of

A group of asset protection coordinators had filed a class action against Wal-Mart Stores Incorporated, claiming they had been misclassified as exempt employees under the Fair Labor Standards Act; the plaintiffs sought a nationwide class.  They sought conditional certification of their class under the “modest factual showing” standard, which is, oftentimes, a very lenient standard