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Employment Law

California Employers Face Rise In PAGA Suits - Why it matters: California employers are facing a proliferation of suits filed under the State’s Private Attorney General Act (PAGA): new data reveals that the number of...more

U.S. Supreme Court alert: American Express Co. v. Italian Colors Restaurant

Prior to its summer recess, the U.S. Supreme Court issued another decision concerning class arbitration which has implications for unionized and non-unionized employers with agreements to arbitrate workplace disputes....more

Did You Know…U.S. Supreme Court Strengthens Class Action Waivers In AmEx Ruling

In another employer-friendly decision, the U.S. Supreme Court reinforced its support for class action waivers, ruling in American Express Co. v. Italian Colors Restaurant that an explicit class action waiver in an arbitration...more

Supreme Court: Class Action Waiver Trumps Federal Statutory Right

Continuing its string of recent pro-arbitration decisions, the U.S. Supreme Court handed down a decision enforcing class action waivers in arbitration agreements, even where the plaintiff’s cost of proceeding on an individual...more

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

Decision Alert: Supreme Court Holds Class Action Waiver in Arbitration Agreement is Enforceable

In a 5-3 ruling in American Express Co. v. Italian Colors Restaurant (“Amex”), 570 U.S. ___ (2013), the Supreme Court reversed the Second Circuit and held that an arbitration provision that barred class actions was...more

Supreme Court Continues To Expand FAA Preemption

Do you hear that? . . . . It is the wailing and moaning of plaintiff’s attorneys across the country. On June 20, 2013, in a 5-3 decision (Sotomayor recused herself), the United States Supreme Court issued a...more

Bernstein Shur Business and Commercial Litigation Newsletter #22

We are pleased to present the 22nd edition of the Bernstein Shur Business and Commercial Litigation Newsletter. This month, we examine several cases that the U.S. Supreme Court will hear in its next term and an...more

Legal Alert: Second Circuit Addresses Class-Action Waivers in Arbitration Agreements after Supreme Court's Stolt-Nielsen Decision

This article is a continuation of Ford & Harrison LLP's focus on the use of arbitration agreements to protect employers from collective/class-action exposure under the Fair Labor Standards Act. In March 8, 2011, the Second...more

Don't Lose Your Right to Arbitrate

Rightly or wrongly, Arbitration has been touted as a cure all for the business community over the years. As part of the arbitration push, the business community has been urged to add clauses into contracts mandating the...more

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