Todd Dawson

Todd Dawson

BakerHostetler

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U.S. Supreme Court Nixes Obama Recess Appointees To NLRB

The United States Supreme Court held yesterday that President Obama’s 2012 appointments to the National Labor Relations Board were not valid recess appointments under the United States Constitution. NLRB v. Noel Canning, U.S....more

6/27/2014

Ninth Circuit Upholds Employment Arbitration Agreement And Class Waiver

The Ninth Circuit’s decision in Johnmohammadi v. Bloomingdales, Inc., Case No. 12-55578 (9th Cir. June 23, 2014), should have employers feeling as good as the U.S. Men’s Soccer team up through the fourth minute of added time...more

6/26/2014 - Arbitration Agreements Class Action Class Action Arbitration Waivers Employer Liability Issues NLRB

Employer Loses WARN Affirmative Defenses In Class Action Due To Insufficient Description In Notice

Things seem to be going from bad to worse for defunct law firm Dewey & LeBoeuf. As criminal charges continue to loom for some former Dewey partners, the judge overseeing Dewey’s bankruptcy has now ruled that the firm cannot...more

4/17/2014 - Affirmative Defenses Class Action WARN Act

Sixth Circuit Rejects EEOC’s Expert Evidence In Proposed Pattern Or Practice Class Action Litigation

After a string of recent cases in which the agency has been forced to pay employer attorneys’ fees for bringing frivolous claims, the most recent zinger came from the Sixth Circuit last week in EEOC v. Kaplan Higher Education...more

4/15/2014 - Attorney's Fees EEOC Employee Credit Checks Employer Liability Issues Hiring & Firing Kaplan

Rule 68 Offer That Excludes Individual Claim Does Not Moot Putative FLSA Collective Action

The recent decision in Silva v. Tegrity Personnel Svcs., Inc., Case No. 4:13-cv-00860 (S.D. Tex. 12/5/2013), suggests that some district courts haven’t fully embraced the Supreme Court’s holding in Genesis Healthcare Corp. v....more

12/13/2013 - Class Certification Collective Actions FLSA Genesis Healthcare Corp. v. Symczyk Mootness Over-Time Rule 68 Settlement

Eleventh Circuit Affirms Employer's Directed Verdict Based On FLSA Outside Sales Exemption

The plaintiff in Reyes sought to bring an FLSA collective action against the defendant on behalf of himself and other similarly situated “sales brokers” that the defendant employed. The sales brokers were responsible for...more

12/11/2013 - Collective Actions Directed Verdicts Exemptions FLSA Sales

Fifth Circuit Rejects NLRB's D.R. Horton Decision - Too Soon For Champagne?

Arbitration is quickly becoming a major vehicle to resolve individual employee disputes. Now another obstacle to enforcing those arbitration agreements and class action waivers may have been removed. ...more

12/5/2013 - Arbitration Arbitration Agreements Class Action Class Action Arbitration Waivers D.R. Horton D.R. Horton v NLRB Federal Arbitration Act NLRA NLRB

Ninth Circuit Adopts New Standard For Establishing CAFA Jurisdiction Following Standard Fire

Crow Doesn’t Taste Too Bad…. If You Season It Right. AT&T Mobility appears determined to make it onto the Christmas card list of every employer in the United States....more

9/13/2013 - CAFA Jurisdiction Standard Fire Ins. Co. v. Knowles

Ninth Circuit Upholds Class Action Waiver, Rejects D.R. Horton

If You Can’t Beat ‘Em, Join ‘Em - In a development as incongruously surprising as Lady Gaga becoming President, the Ninth Circuit has enforced a class action waiver....more

8/23/2013 - Arbitration Class Action Class Action Arbitration Waivers D.R. Horton D.R. Horton v NLRB Ernst & Young NLRA NLRB

Dukes Of Hazard: Uniform Auto-Deduct Meal/Break Policy Insufficient to Establish 23(a)(2) Commonality

The Supreme Court’s Wal-Mart Stores, Inc. v. Dukes opinion has once again played Bo and Luke to a plaintiff’s Boss Hogg. ...more

7/18/2013 - Dukes v Wal-Mart Employer Mandates Federal Rules of Civil Procedure Rest and Meal Break Rule 23 SCOTUS Wage and Hour Wal-Mart

That's A Spicy Meatball!

As our readers will no doubt recall, the Supreme Court boldly struck a blow for truth, justice and the American Way a few years ago in its approval of class action waivers in AT&T Mobility v. Concepcion, 131 S. Ct. 1740...more

7/1/2013 - American Express v Italian Colors Restaurant AT&T Mobility v Concepcion Canning v NLRB Class Action Class Action Arbitration Waivers D.R. Horton D.R. Horton v NLRB Discover Bank Rule Federal Arbitration Act NLRA NLRB SCOTUS

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