The California Court of Appeal has rejected a class action waiver in an employment agreement on the basis that the waiver (or agreement) was unconscionable.
The editors wanted to share this analysis, by Proskauer’s Employment Litigation and Arbitration Group, of the Second Circuit’s interesting recent decision requiring a Title VII plaintiff, even in a class action, to arbitrate her…more
The dissent in today’s Supreme Court decision on class certification, Comcast Corp. v. Behrends, argues that “the decision should not be read to require, as a prerequisite to certification, that damages attributable to a…more
Since the Supreme Court’s landmark decision in Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011), plaintiffs in wage and hour cases have urged courts to ignore the decision, arguing that it only applies to discrimination…more
In Lundy v. Catholic Health System of Long Island Inc., Plaintiffs – a respiratory therapist and two nurses – sued on behalf of a putative class of similarly situated employees and alleged that the Catholic Health System of Long…more
We’ve been watching the stuttering progress of Wang v. Chinese Daily News for some time. The plaintiffs brought a wide range of claims, alleging denial of overtime, meal breaks, wage statements, and timely pay after termination,…more
On Monday, February 4, the Seventh Circuit decided Espenscheid v. DirectSat, Inc. The decision is notable for two holdings. First, Judge Posner held, rather summarily, that there is no good reason to distinguish certification of…more
In White v. Baptist Memorial Health Care Corp. (PDF), the Sixth Circuit held yesterday that summary judgment was properly granted for an employer against an employee’s meal break claim, where the employee had failed to record…more
On August 8, 2012, the U.S. Court of Appeals for the Seventh Circuit reversed an order certifying large classes in a lawsuit alleging race discrimination and hostile work environment. Bolden v. Walsh Construction Co., Case No…more
The U.S. Supreme Court recently granted review in a Fair Labor Standards Act (FLSA) case in order to decide whether a case becomes moot, and thus beyond the judicial power of Article III of the United States Constitution, when…more
In a much-anticipated decision in Christopher v. SmithKline Beecham Corp., on June 18, 2012, the U.S. Supreme Court held 5-4 that pharmaceutical sales representatives are exempt from overtime under the Fair Labor Standard Act’s…more
The California Court of Appeal has confirmed that class action waivers are enforceable in California employment arbitration agreements.
The plaintiff in Iskanian v. CLS Transportion Los Angeles, LLC, brought a putative…more
Applying a broad interpretation to the Administrative exemption under the Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 213(a)(1), the United States Court of Appeals for the Seventh Circuit held, Tuesday, that pharmaceutical…more
The FLSA provides that “[n]o employee shall be a party plaintiff” to a collective action “unless he gives his consent in writing to become such a party and such consent is filed in the court in which such action is brought.” 29…more
Yesterday, in a packed courtroom, the United States Supreme Court heard oral argument in Christopher v. SmithKline Beecham Corp., No. 11-204 (on appeal from the Ninth Circuit) to determine whether the pharmaceutical industry has…more