RBS Citizens v. Ross
- Respondents' Brief in Opposition (09/21/2012)
The right of individual workers to proceed as a class is important because, without the class-action mechanism, it can be difficult for workers to obtain relief and to police employer compliance with basic legal protections such as wage and hour standards. This class action case was brought by bank employees whose employer denied them overtime pay in violation of Illinois wage and hour law. The district court permitted to case to proceed as a class action, and the court of appeals affirmed. The bank petitioned the Supreme Court to review the case, and we assisted counsel for the employees in opposing the petition. We argued that the lower courts were correct to conclude that the existence of uniform employer policies resulting in the denial of overtime wages satisfied the “commonality” requirement of federal class action litigation. On April 1, 2013, the Supreme Court vacated and remanded the court of appeals decision in light of the intervening decision in Comcast Corp. v. Behrend.