The Supreme Court term that wrapped up in June was one of the most exciting sessions for workplace law in recent memory, with several blockbuster decisions impacting a wide range of labor and employment law issues. From...more
10/5/2018
/ Age Discrimination ,
Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Employer Liability Issues ,
Employment Litigation ,
Exempt-Employees ,
Federal Arbitration Act ,
Gender Identity ,
Independent Contractors ,
Public Sector ,
Retaliation ,
Salary/Wage History ,
Same-Sex Marriage ,
SCOTUS ,
Sexual Orientation Discrimination ,
Title VII ,
Wage and Hour
On the heels of the Supreme Court’s decision earlier this year in Epic Systems Corporation v. Lewis, which held that the National Labor Relations Act (NLRA) does not bar class or collective action waivers in arbitration...more
10/3/2018
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Back Pay ,
Class Action ,
Class Action Arbitration Waivers ,
Epic Systems Corp v Lewis ,
Fair Labor Standards Act (FLSA) ,
Federal Arbitration Act ,
Independent Contractors ,
Liquidated Damages ,
Misclassification ,
Motion to Compel ,
NLRA ,
Savings Clause ,
Wage and Hour
It was just a matter of time. After the Supreme Court cleared the way for businesses to use class waivers with their employees and contractors with the Epic Systems ruling this past May, many observers expected that the...more
9/26/2018
/ Appeals ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Corporate Counsel ,
Dismissals ,
Drivers ,
Employment Contract ,
Employment Litigation ,
Gig Economy ,
Independent Contractors ,
Misclassification ,
NLRA ,
Ridesharing ,
Uber ,
Wage and Hour
When the Supreme Court decided this May that businesses were permitted to enter into class waiver agreements with employees and contractors, forcing them into individual arbitration proceedings over workplace disputes rather...more
The 9th Circuit Court of Appeals recently placed a temporary halt on the ongoing misclassification litigation against Uber, pointing out that it would make sense to wait for a key Supreme Court decision before proceeding...more
10/10/2017
/ Appeals ,
Class Action ,
Class Action Arbitration Waivers ,
Employment Litigation ,
Independent Contractors ,
Misclassification ,
NLRA ,
NLRB ,
Oral Argument ,
Ridesharing ,
Uber
If you are the kind of person who gets excited by hot-button legal topics and monumental court decisions, this is the Supreme Court term for you. The SCOTUS kicked off their 2017-2018 term several days ago by hearing...more
10/7/2017
/ Appeals ,
Arbitration Agreements ,
Car Dealerships ,
Civil Rights Act ,
Class Action Arbitration Waivers ,
Collective Bargaining ,
Department of Labor (DOL) ,
Employment Discrimination ,
Employment Litigation ,
Executive Orders ,
Fair Labor Standards Act (FLSA) ,
First Amendment ,
Freedom of Religion ,
LGBTQ ,
NLRA ,
NLRB ,
Public Accommodation ,
Public Sector Unions ,
Retaliation ,
Same-Sex Marriage ,
SCOTUS ,
Service Advisors ,
Sexual Orientation Discrimination ,
Shop Fee Arrangements ,
Statute of Limitations ,
Title VII ,
Travel Ban ,
Trump Administration ,
Unpaid Overtime ,
Whistleblowers
It’s hard to keep up with all the recent changes to labor and employment law. While it always seems to evolve at a rapid pace, the last few months have seen an unprecedented number of changes. May 2017 was no different, with...more
6/5/2017
/ Affordable Care Act ,
American Health Care Act (AHCA) ,
Class Action Arbitration Waivers ,
Day of Rest Laws ,
E-Verify ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Workweek ,
Fast-Food Industry ,
Federal Budget ,
Federal Contractors ,
Food Service Workers ,
Gig Economy ,
Immigration Reform ,
Legislative Agendas ,
Minimum Wage ,
New Legislation ,
NLRB ,
OFCCP ,
On-Call Employees ,
OSHA ,
Paid Leave ,
Parental Leave ,
Popular ,
Portable Benefits ,
Repeal ,
Retail Workers ,
Sick Leave ,
Travel Ban ,
Trump Administration ,
Work Schedules
Employers returning from the Memorial Day weekend were on the receiving end of bad news as they learned that the 6th Circuit Court of Appeals became the third federal appeals court to strike down mandatory class action...more
The world of labor and employment law is always evolving at a rapid pace, leading us to summarize a few of the most significant cases from the previous month. February 2017 was another month that saw dramatic developments,...more
3/2/2017
/ Class Action Arbitration Waivers ,
Delays ,
Disability ,
Employee Restrooms ,
Employment Contract ,
Fair Labor Standards Act (FLSA) ,
Fry v Napoleon Community Schools ,
Immigration Reform ,
Independent Contractors ,
Over-Time ,
Pay Equity Laws ,
Presidential Nominations ,
Public Schools ,
Regulatory Reform ,
Restroom Legislation ,
Right to Work ,
School Restrooms ,
SCOTUS ,
Secretary of Labor ,
Service Animals ,
Sexual Harassment ,
Strike4Democracy ,
Transgender ,
Travel Ban ,
Trump Administration ,
Uber ,
White-Collar Exemptions ,
Withdrawal
A Full Complement Of SCOTUS Justices Bodes Well For Employers -
When the U.S. Supreme Court announced several weeks ago it would settle a dispute about whether employers can use mandatory class action waivers with their...more
In a widely expected move, the U.S. Supreme Court just agreed to settle a dispute about whether employers can use mandatory class action waivers with their workers. The decision, which should be issued by June 2017, will...more
2nd Circuit Refuses To Join Circuit Courts Siding With NLRB -
Employers can breathe a sigh of relief after the 2nd Circuit Court of Appeals once again upheld the validity of class and collective action waivers in...more
There’s a great scene in the Naked Gun movie where Lieutenant Frank Drebin (Leslie Nielsen) is trying to clear a crowd forming around a crime scene, except that the crime scene happens to be a fireworks factory on fire. While...more
Employers received their most bruising loss in the ongoing war involving class action waivers today, as the 9th Circuit Court of Appeals became the second federal circuit to strike them down as illegal. When the 7th Circuit...more
Three Things You Should Know About Latest Court Decision -
A federal court recently upheld the validity of an employer’s class action waiver, forcing a disgruntled worker into arbitrating his case individually instead of...more
The world of labor and employment law is always rapidly evolving. In order to make sure that you stay on top of the latest developments, we typically bring you a review of the five biggest stories from previous month. May...more
6/3/2016
/ Americans with Disabilities Act (ADA) ,
Attorney's Fees ,
Class Action Arbitration Waivers ,
Constructive Discharge ,
Defend Trade Secrets Act (DTSA) ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Green v Brennan ,
OSHA ,
Reasonable Accommodation ,
Recordkeeping Requirements ,
SCOTUS ,
Spokeo v Robins ,
Transgender ,
Wellness Programs ,
White-Collar Exemptions ,
Zubik v Burwell
For the first time, a federal appeals court has dealt a serious blow to class and collective action waivers in arbitration agreements. In Jacob Lewis v. Epic Systems Corporation, the 7th Circuit Court of Appeals held that a...more