Eric Raphan

Eric Raphan

Sheppard Mullin Richter & Hampton LLP

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Second Circuit Rules that the FLSA Does Not Apply to Claims for Gap-Time Pay

In Lundy v. Catholic Health System of Long Island Inc., No. 12-1453 (2d Cir. Mar. 1, 2013), the Second Circuit Court of Appeals, resolving what had previously been an unsettled issue in the Circuit, held that the Fair Labor...more

3/22/2013 - FLSA Gap Time Minimum Wage Over-Time Pleading Standards Wage and Hour

Eastern and Southern District Courts Compel Plaintiffs to Arbitrate their FLSA Collective Action Claims on an Individualized Basis

In February, two New York Federal District Court decisions joined other recent federal cases in enforcing arbitration agreements that preclude employees from bringing their Fair Labor Standards Act (“FLSA”) claims on a...more

3/11/2013 - Arbitration Arbitration Agreements Class Action Collective Action Waivers D.R. Horton D.R. Horton v NLRB Federal Arbitration Act FLSA JPMorgan Chase NLRA NLRB Torres v United Healthcare Services

Southern District of New York Compels Arbitration of FLSA Collective Action Claims on an Individualized Basis

On December 4, 2012, Southern District of New York District Judge Barbara S. Jones, granted a motion to compel arbitration on an individual basis in a class and collective action brought pursuant to, among other things, the...more

12/12/2012 - Arbitration Arbitration Agreements Class Action FINRA FLSA Statutory Rights Wages

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