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Arbitration American Express v Italian Colors Restaurant Fair Labor Standards Act (FLSA)

Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties... more +
Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties to arbitration agree in advance to be bound by the arbitrator's decision. Arbitration is an alternative to litigation, but it shares many of the familiar features of litigation. Namely, parties to arbitration hold hearings before neutral decision-makers, present evidence and argue the merits of their position. Parties often choose arbitration due to its perceived advantages over litigation. Those perceived advantages include greater efficiency and flexibility, and lower costs. less -
McAfee & Taft

Arbitration policies for wage and hour claims

McAfee & Taft on

As the number of Fair Labor Standards Act lawsuits has grown, employers have started taking notice of the power a sizable class made up of numerous employees can command. Arbitration provisions – once the realm of...more

Cohen & Gresser LLP

Anachronism Revealed: FINRA Rules Trump Italian Colors to Give Registered Members Their Day in Court

Cohen & Gresser LLP on

It is rare these days for a court to deny a motion to compel arbitration. It is especially surprising to find such a decision where the parties are subject to an arbitration agreement. Using the fundamental principle...more

Orrick - Employment Law and Litigation

A Welcome ‘Waive’ of Second Circuit Cases: Class Action Waivers Deemed Enforceable

For the better part of the last decade, the Second Circuit routinely and consistently struck down class action waivers in arbitration provisions....more

Sheppard Mullin Richter & Hampton LLP

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

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

Ballard Spahr LLP

FLSA Does Not Bar Class Action Waivers, Second Circuit Rules

Ballard Spahr LLP on

The U.S. Court of Appeals for the Second Circuit recently handed employers another victory in the fight over enforcement of class action waivers....more

Franczek P.C.

A Review Of The Supreme Court’s 2012-2013 Term

Franczek P.C. on

As the United States Supreme Court’s 2012-2013 term drew to a close at the end of June, commentators observed a continuing gradual but perceptible shift to the right by the Court. The Roberts Court is generally viewed as...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

BakerHostetler

California District Court Compels Arbitration of Class and Collective Wage and Hour Claims

BakerHostetler on

Dorothy Gale famously remarked upon finding herself in Oz “Toto, I’ve got a feeling we’re not in Kansas anymore.” Class action wage and hour plaintiffs on the west coast are now awakening to the fact that while they may still...more

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

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

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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