When a company faces a Fair Labor Standards Act (FLSA) collective action there are two main components to address: (1)You Can’t Put the Trial Cart Before the Certification Horse in FLSA Hybrid Wage-and-Hour Case; Circuit...more
10/19/2021
/ Appeals ,
Appellate Courts ,
Class Action ,
Class Certification ,
Collective Actions ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
FRCP 23 ,
Wage and Hour
In an important wage-and-hour decision for franchisors, Salazar, et al. v. the McDonald’s Corp., et al., the Ninth Circuit Court of Appeals ruled that employees of one of the hamburger giant’s California-based franchisees...more
10/2/2019
/ Class Action ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Litigation ,
Fast-Food Industry ,
Franchises ,
Franchisors ,
Joint Employers ,
McDonalds ,
State Labor Laws ,
Summary Judgment ,
Wage and Hour
The NLRB wants to stop class action waivers in employment arbitration agreements, arguing they violate the National Labor Relations Act. This issue has been raging for several years and divided federal courts. ...more
1/18/2017
/ Arbitration ,
Class Action ,
Class Action Arbitration Waivers ,
Employment Contract ,
Federal Arbitration Act ,
NLRA ,
NLRB ,
Petition for Writ of Certiorari ,
SCOTUS ,
Split of Authority ,
Unenforceable Contract Terms
Continuing the trend of expanding Fair Labor Standards Act (FLSA) overtime rules outside the traditional realm of hourly manufacturing or retail workers, two recent events show that employers should be aware that exemption...more