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Arbitration Agreements › Fair Labor Standards Act (FLSA) › American Express

Mintz - Employment, Labor & Benefits...

Is a FLSA Collective Action Waiver by Itself in a Severance Agreement Enforceable? Sixth Circuit Says “No.”

Mintz - Employment, Labor & Benefits... on

Employers have recently enjoyed some victories in the U.S. Supreme Court and in the California Supreme Court regarding the use of class/collective action waivers in employment arbitration agreements (e.g. Italian Colors and...more

Sheppard Mullin Richter & Hampton LLP

Second Circuit Holds That The Fair Labor Standards Act Does Not Bar The Enforcement of Class Action Waivers

Sheppard Mullin Richter & Hampton LLP on

Over the past week, the United States Court of Appeals for the Second Circuit (“Second Circuit”) has issued two decisions in which it affirmatively held that: (i) a plaintiff cannot use the “effective vindication doctrine” to...more

Baker Donelson

Supreme Court’s Recent American Express Decision has Far Reaching Implications for Businesses Seeking to Avoid Being Sued in a...

Baker Donelson on

Businesses often use arbitration agreements as a tool to lessen the burden and cost of future litigation. On June 20, 2013, the Supreme Court released its opinion in American Express Co. v. Italian Colors Restaurant, 570 U....more

Baker Donelson

Supreme Court's American Express Decision Impacts Businesses Seeking to Avoid Being Sued in a Class Action

Baker Donelson on

Businesses often use arbitration agreements as a tool to lessen the burden and cost of future litigation. On June 20, 2013, the Supreme Court released its opinion in American Express Co. v. Italian Colors Restaurant, which...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Supreme Court Arbitration Jurisprudence—No Class Action If You Say So

Ogletree, Deakins, Nash, Smoak & Stewart,... on

Combining last week’s decision in American Express Co. v. Italian Colors Restaurant with its decision earlier this month in Oxford Health Plans v. Sutter, the Supreme Court’s position now seems clear. If an employer wants to...more

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