After the Supreme Court sat with an empty seat for more than one year, and following a hard-fought nominations process which saw the failed nomination of Judge Merrick Garland and Republican lawmakers resorting to the...more
While the Supreme Court in Tyson Foods, Inc. v. Bouaphakeo dashed employers’ hopes that the Court would broadly preclude statistical evidence and severely limit wage and hour class actions in a fashion similar to its...more
3/28/2016
/ Admissible Evidence ,
Class Action ,
Class Certification ,
Daubert Standards ,
Doffing ,
Donning ,
Fair Labor Standards Act (FLSA) ,
FRCP 23(b)(3) ,
SCOTUS ,
Statistical Sampling ,
Tyson Foods v Bouaphakeo ,
Unpaid Overtime ,
Wage and Hour
In its June 26 split decision in American Baptist Homes of the West d/b/a Piedmont Gardens and Service Employees International Union, United Healthcare Workers- West, 362 N.L.R.B. No. 139 (Case No. 32-CA-063475) (“Piedmont...more
In March, 2014, three powerful business groups urged the U.S. Supreme Court to consider an important issue at stake for employers in Mach Mining LLC v. Equal Employment Opportunity Commission—can courts review the adequacy of...more
For the better part of the last decade, the Second Circuit routinely and consistently struck down class action waivers in arbitration provisions....more
8/20/2013
/ American Express ,
American Express v Italian Colors Restaurant ,
Arbitration ,
Citigroup ,
Class Action ,
Class Action Arbitration Waivers ,
Ernst & Young ,
Fair Labor Standards Act (FLSA) ,
Federal Arbitration Act ,
Over-Time ,
SCOTUS ,
Waivers