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Question 1: Read Wal-Mart v. Dukes 2011 U.S. Lexis 4567. From the information in Justice Scalia's opinion, answer the following questions: Do you agree with the decision/holding of the Court? Why, or why not? What could the plaintiffs have done differently to have a better chance at getting their class action certified? How would this have impacted employers (not just Wal-Mart) if the class action had been allowed to proceed?
Question 2: Should an employer be allowed to automatically deduct a meal break period from an employee as a standard payroll deduction, or should the employee first actually take the break before such a deduction occurs?
Question 3: "Employers should not ignore employees starting work early, staying beyond scheduled hours, or coming in to work on days off." In regard to the FLSA and compensable time, explain the legal rationale for having such a policy in place. Why is ignoring those behaviors a dangerous policy?
Question 4: Would you suggest that a company offer domestic partner benefits? What implication to employers would occur, if any, with the repeal of the Defense of Marriage Act (DOMA).
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