Robert E. Sheeder

Robert E. Sheeder

Bracewell & Giuliani LLP

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California Supreme Court "Green Lights" Class Action Waivers in Arbitration Agreements

On June 23, the California Supreme Court in Iskanian v. CLS Transportation, a case involving state wage and hour claims, recognized that the U.S. Supreme Court's 2011 Concepcion decision effectively invalidated the California...more

7/1/2014 - Arbitration Class Action Class Action Arbitration Waivers CLS Transportation Employer Liability Issues Employment Contract Federal Arbitration Act Iskanian Mandatory Arbitration Clauses PAGA Trucking Industry Wage and Hour

Obama Directs Initiative to Update FLSA Overtime Regulations Likely to Tighten White-Collar Classifications

President Barack Obama on Thursday signed a Presidential Memorandum directing the Secretary of Labor to update the Fair Labor Standards Act (FLSA) regulations governing which "white collar" employees qualify for overtime...more

3/18/2014 - Exempt-Employees FLSA Non-Exempt Employees Unpaid Overtime Wage and Hour White-Collar Exemptions

The Supreme Court Extends the Sarbanes Oxley Act Whistle-Blower Protections

On Tuesday, the U.S. Supreme Court ruled that the whistle-blower protections of Section 806 of the Sarbanes Oxley Act apply to employees of privately held companies that are contractors or subcontractors of a public company....more

3/6/2014 - Fidelity Investments FMR LLC Lawson v FMR Sarbanes-Oxley SCOTUS Whistleblower Protection Policies Whistleblowers

Fifth Circuit Upholds Arbitration Agreement Prohibiting Employee Collective or Class Action Claims

On Tuesday, the U.S. Court of Appeals for the Fifth Circuit joined the Second, Eighth and Ninth Circuits in upholding a class action waiver in an employment arbitration agreement. This is an important victory for employers in...more

12/9/2013 - Arbitration Arbitration Agreements Class Action Class Action Arbitration Waivers Collective Actions D.R. Horton Federal Arbitration Act NLRA NLRB

D.C. Circuit Halts Department of Labor's Reclassification of Loan Officers

The D.C. Circuit Court of Appeals on Wednesday handed the Mortgage Bankers Association a huge win by refusing to grant a full court review of a panel decision that struck down a 2010 U.S. Department of Labor (DOL)...more

10/9/2013 - Classification DOL Loan Servicer Loans

Affordable Care Act Mandates Employer Notice of Coverage Options to Employees by October 1, 2013

Pursuant to the Affordable Care Act (ACA), individuals and employees of small businesses will be able to access health insurance coverage through a private health insurance market – the Health Insurance Marketplace –...more

9/24/2013 - Affordable Care Act Deadlines Employee Benefits Employer Mandates FLSA Health Insurance Exchanges Healthcare Pay or Play

Supreme Court Issues Opinion Reinstating Important Tool for Employers to Defeat FLSA Collective Actions

In a major victory for employers, the U.S. Supreme Court issued an opinion today confirming employers' ability to make an "offer of judgment" to named plaintiffs who are pursuing collective actions under the Fair Labor...more

4/18/2013 - Collective Actions FLSA Genesis HealthCare Genesis Healthcare Corp. v. Symczyk Rule 68 SCOTUS

Employers Must Post New FMLA Poster

No later than March 8, 2013, all employers covered by the Family and Medical Leave Act (FMLA) must display a new poster issued by the Department of Labor. The poster reflects recently adopted changes to FMLA regulations, most...more

3/4/2013 - FMLA Notice Requirements

Federal Court Rejects ADA Suit Over Random Alcohol Testing of Probationary Plant Employees

A federal judge in Pennsylvania has dismissed an Equal Employment Opportunity Commission challenge to U.S. Steel Corporation's random alcohol testing of probationary employees at one of the company's most safety sensitive...more

2/26/2013 - ADA Alcohol Testing Business Necessity Disability Discrimination EEOC Medical Examinations Probationary Employees Safety Precautions

Supreme Court Allows Fifth Circuit Ruling on Private FLSA Settlements to Stand

On December 10, 2012, the United States Supreme Court declined to review a recent ruling of the Fifth Circuit Court of Appeals, which approved a private settlement of employees' claims for unpaid overtime under the Fair Labor...more

12/12/2012 - FLSA Settlement Split of Authority

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