The Ninth Circuit Court of Appeals weighed in, today, on the propriety of class action arbitration waivers under the NLRA. The Court held that such waivers violate Sections 7 and 8 of the NLRA in the context of a pending...more
8/23/2016
/ Appeals ,
Arbitration ,
Class Action ,
Class Action Arbitration Waivers ,
Collective Actions ,
Corporate Counsel ,
Ernst & Young ,
Fair Labor Standards Act (FLSA) ,
Federal Arbitration Act ,
Hiring & Firing ,
NLRA ,
Pre-Employment Agreements ,
Protected Concerted Activity ,
Section 7
The Supreme Court held this morning that a party suing for a purely technical violation of a statute (in this case, the Fair Credit Reporting Act (“FCRA”)) must demonstrate that he/she has suffered or is likely to suffer a...more
In EEOC Silent on Sanctions (August 2013), we reported on CRST Van Expedited, in which a federal district court awarded an employer $4.69 million in attorneys’ fees against the EEOC for the agency’s mishandling of a supposed...more
In a positively sublime “man bites dog” story, Texas Roadhouse restaurants recently sued the EEOC for alleged violations of the Freedom of Information Act (“FOIA”). The story begins in 2011, when the EEOC filed a national...more
Last week a federal judge in Hawaii imposed peculiar sanctions against the EEOC for the Commission’s unethical conduct in a class action. In EEOC v. Global Horizons, Inc. et al., No. 1:11-cv-00257-LEK-RLP (D. HI. filed August...more
A federal appeals court recently upheld a $750,000 award to an employer for the attorneys’ fees and expert witness fees it expended defending a frivolous class action brought by the EEOC. EEOC v. Peoplemark, Inc. The EEOC...more