The British have a phrase “too clever by half” to describe complex schemes that ultimately won’t work.
We all know from cases such as Concepcion, Stolt-Nielsen, Italian Colors, and their progeny that arbitration...more
While the now familiar two-step process for determining certification of FLSA collective actions may have been introduced based on valid concerns, it is increasingly vexing for employers in cases where they have either done...more
Many employers, including the EEOC, use criminal background checks as part of their hiring processes....more
Dorothy Gale famously remarked upon finding herself in Oz “Toto, I’ve got a feeling we’re not in Kansas anymore.” Class action wage and hour plaintiffs on the west coast are now awakening to the fact that while they may still...more