Skirchak v. Dynamics Research Corp.

After the U.S. District Court in Massachusetts struck down a class action ban as unconscionable in this wage-and-hour case, Public Justice filed an amicus brief in the U.S. Court of appeals for the First Circuit in support of the employee-plaintiffs.

Case Documents

Court of Appeals decision

Court of Appeals decision holding that the class action ban in DRC's employment contract is unconscionable under Massachusetts law, and that the plaintiffs' claims that they were wrongly denied overtime pay can proceed in class arbitration.

U.S. Court of Appeals for the First Circuit

Docket: 06-2136, 06-2180

Brief of Amicus

Brief of Amicus Curiae of Public Justice in Support of Plaintiffs-Appellants. This amicus brief argues that the ban on class actions embedded in the defendant's arbitration clause would effectively serve as an exculpatory clause in the context of the employees' Fair Labor Standards Act claims, and thus is unconscionable and unenforceable.

U.S. Court of Appeals for the First Circuit Nos

Docket: 06-2136, 06-2180