The 2011 U.S. Supreme Court's opinion in Wal-Mart Stores, Inc. v. Dukes is likely to change the class action landscape for the foreseeable future. Dukes has, of course, clarified the standard for determining commonality in class actions and narrowed the circumstances in which Federal Rule of Civil Procedure 23(b)(2) class actions may include claims for back pay. Of equal significance but slightly less discussed, Dukes has resolved a number of important issues that have plagued employment class actions generally. Two of those significant issues are: (1) the significance of individual evidence at the certification and liability stages as well as at the damages stage; and (2) the problem with representative testimony and "Trial by Formula."

These two issues have are likely to have a significant impact on how courts (and by extension litigants) evaluate the whether employment claims (not only those dealing with allegations of discrimination but also of wage and hour violations) should proceed on a class (or collective) action basis.  While Dukes resolved many issues for employers facing or bracing for class actions, it has not, as some predicted, meant the end of the road for employment class actions. Discrimination class actions cases are still being filed and social science testimony may still continue to be part of those cases.