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A trend toward a boom in class-action and collective litigation over workplace issues is expected to continue in 2007–starkly defined by circuit location. Pay and promotional practices continue to interest the plaintiffs’ bar, as well as a wide variety of payroll practices attached under federal and state wage-and-hour laws.

One case that continues to dominate is Dukes, et al. v. Wal-Mart Stores Inc. (N.D. Cal. 2004). Here, on behalf of female employees of Wal-Mart, equal rights advocates charged Wal-Mart with denying promotions, training opportunities and equal pay to women. This is the largest sex discrimination case ever litigated against a private employer.

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