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Arbitration Agreements Fair Labor Standards Act (FLSA) Corporate Counsel

BakerHostetler

10th Circuit Reverses Class Certification in Claimed Off-the-Clock Case

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Court also holds that arbitrability questions must be resolved by the arbitrator - The 10th Circuit has decided two significant issues in an otherwise garden-variety off-the-clock case, one relating to arbitration and the...more

Jackson Lewis P.C.

Class Action Trends Report June 2022

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In this issue of the Class Action Trends Report, Jackson Lewis attorneys discuss recent developments in arbitration and their impact on employment class actions. These include the Ending Forced Arbitration of Sexual Assault...more

Locke Lord LLP

Last Mile Independent Contractor Drivers Not Exempt From Arbitration: June 2021 News Update

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June was a relatively slow month in the area of independent contractor misclassification and compliance. But it produced what may turn out to be one of the more important judicial decisions in years affecting last-mile...more

Locke Lord LLP

Wage and Hour Update: Notable FLSA Developments in 2020

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The Department of Labor (DOL) and courts across the country were busy in the first half of 2020 providing guidance and opinions addressing the Fair Labor Standards Act (FLSA). Here are some of the highlights...more

Fox Rothschild LLP

FLSA Settlement Principles Illustrated By Recent Case: A Primer On What Is Appropriate

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When FLSA lawsuits are settled, the matter must go before a federal judge for approval, as opposed to when a “demand letter” is sent and the parties settle prior to suit. There are many elements that a court must look at to...more

Locke Lord LLP

January 2020 Independent Contractor Misclassification and Compliance Law News Update 

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While selected states are in the midst of trying to crack down on independent contractor misclassification, the federal government is trying to clear a path and clarify the tests for independent contractor status under...more

Jackson Lewis P.C.

Seventh Circuit Issues New Standard On Class Notice To Employees Who Signed Arbitration Agreements

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The U.S. Court of Appeals for the Seventh Circuit, in a case of first impression, has developed a required framework for a district court to evaluate when a plaintiff asks the Court to authorize notice to putative class...more

Locke Lord LLP

Year in Review: Notable 2019 Decisions Impacting Arbitration Agreements

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2019 saw courts issue several significant decisions that have implications for employers nationwide who rely on arbitration agreements with their workforce. The nation’s highest court decided a trio of cases in the first...more

Ballard Spahr LLP

NLRB: Employers Can Revamp Arbitration Agreements in Response to Collective or Class Action Suits

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The Supreme Court held last year in Epic Systems v. Lewis that mandatory arbitration agreements requiring employees to arbitrate claims against their employer on an individual—rather than on a class or collective—basis are...more

Proskauer - Labor Relations Update

NLRB Issues “Epic” Decision Concerning the Intersection of Mandatory Arbitration Agreements and NLRA Section 7 Rights

On August 14, 2019, the NLRB issued its first decision addressing employer conduct related to mandatory arbitration agreements and Section 7 activity since the Supreme Court decided Epic Systems Corp v. Lewis, 584 U.S. __,...more

Mintz - Arbitration, Mediation, ADR...

The Arbitration Section In Your Employee Handbook Is Not An Agreement to Arbitrate

Federal law nowadays certainly favors enforcement of agreements to arbitrate. But generally applicable state contract law determines contract formation – i.e., whether such an agreement has been made. Contract formation...more

Littler

Is Your Arbitration Agreement in an Employee Handbook? The Eighth Circuit Issues a Reminder: Arbitration Agreements Must be...

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A properly implemented employment arbitration program can provide a variety of benefits to employers and employees alike.  Many employers have robust arbitration programs that require both the employer and its employees to...more

Carlton Fields

Considerations for Use of Arbitration Agreements to Curtail Class Claims

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May 21, 2019, marks the one-year anniversary of the U.S. Supreme Court’s decision in Epic Systems Corp. v. Lewis, which upheld the use of class action waivers in employee arbitration agreements....more

Littler

Fifth Circuit Holds District Courts in FLSA Actions May Not Send Notice to Employees with Valid Arbitration Agreements that...

Littler on

In one of the most significant Fair Labor Standards Act (FLSA) appellate decisions in recent years, on February 21, 2019, a three-judge panel on the Fifth Circuit Court of Appeals unanimously held that “district courts may...more

Seyfarth Shaw LLP

Fifth Circuit Says Plaintiffs May Not Send Notice of FLSA Suit to Employees with Arbitration Agreements

Seyfarth Shaw LLP on

Seyfarth Synopsis: In a must-read decision and case of first impression at the federal appellate level, the Fifth Circuit Court of Appeals held late last week that a district court may not approve sending notice of an FLSA...more

Seyfarth Shaw LLP

5 Key Trends In Workplace Class Action Litigation For 2018: #1 The Impact Of The U.S. Supreme Court Rulings

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Seyfarth Synopsis: The first key trend from our 15th Annual Workplace Class Action Litigation Report involves rulings by the U.S. Supreme Court. ...more

Davis Wright Tremaine LLP

California Employment Law Year in Review: Important Developments of 2018

2018 saw a number of new and important cases and other developments that affect California employers. U.S. Supreme Court Upholds Class Action Waivers - The U.S. Supreme Court finally and conclusively established that class...more

Locke Lord LLP

October 2018 Independent Contractor Misclassification and Compliance News Update

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October was an eventful month for legal developments in the area of independent contractor misclassification and compliance. In one of the nine cases reported below, the U.S. Department of Labor continues to aggressively...more

Locke Lord LLP

September 2018 Independent Contractor Misclassification and Compliance News Update

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Independent contractor misclassification lawsuits swept across a swath of businesses last month, affecting companies in both the gig economy and traditional industries. Discussed below are class action and individual...more

Epstein Becker & Green

A Look Back on Wage and Hour Developments in 2018: Blockbuster Cases, FLSA Amendments, and More

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Arguably, the very first workplace regulation, dating back thousands of years, was one involving wage and hour issues—the mandatory day of rest. While much has changed over the great many years since then, the centrality of...more

Manatt, Phelps & Phillips, LLP

FLSA Not an Obstacle to Enforcement of Arbitration Agreement

Why it matters - Like the National Labor Relations Act (NLRA), the Fair Labor Standards Act (FLSA) doesn’t stand in the way of an employer’s motion to compel individual arbitration, the U.S. Court of Appeals for the Sixth...more

BakerHostetler

And Yes, Epic Systems Applies to Independent Contractors, Too

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Unreported opinion will also impact potential counterstrategy - Just three months ago, the Supreme Court rendered its decision in Epic Systems Corp. v. Lewis, 138 S. Ct. 1632 (2018), in which it rejected perhaps the...more

Littler

Supreme Court Year in Review: Union Agency Fees, Travel Restrictions, and the Retirement of Justice Kennedy

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The U.S. Supreme Court closed out its most recent term, which began in October 2017, with a number of high-profile and ground-breaking decisions. ...more

Locke Lord LLP

April and May 2018 Independent Contractor Misclassification and Compliance News Update

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The past two months were momentous for many companies that engage independent contractors in California to supplement their workforce or to interact with their customers. This applies not only to businesses based in...more

Locke Lord LLP

March 2018 Independent Contractor Misclassification and Compliance News Update

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Last month, half of the cases that came to our attention in the area of independent contractor misclassification and compliance involved interesting issues concerning arbitration – and lessons for companies seeking to limit...more

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