News & Analysis as of

Class Arbitration Arbitration Agreements Wage and Hour

Proskauer - Law and the Workplace

5th Circuit: Arbitration Available for Employee’s Collective Action Claims

On April 16, 2020, the Fifth Circuit held that an employee is entitled to arbitrate his federal labor law claims as a collective action on behalf of his coworkers against their employer, Sun Coast Resources, Inc. (“Sun...more

Hinshaw & Culbertson LLP

New Statutory Framework Mandated for Employers Seeking to Limit Notice to Putative Class Members in an Enforceable Arbitration...

The United States Court of Appeals for the Seventh Circuit recently articulated a new statutory framework for determining whether notice to a putative plaintiff should be issued under the Fair Labor Standards Act (FLSA). At...more

Jackson Walker

The Labor and Employment Horizon—2019

Jackson Walker on

If there has been one constant in employment law over the last generation, it is change. The forecast for 2019 is no different. In Congress, the Supreme Court, and the Texas Legislature, employers can expect developments that...more

K&L Gates LLP

Expounding on Arbitrability: The Seventh Circuit Joins the Growing Ranks of Circuit Courts Finding that Courts Presumptively...

K&L Gates LLP on

The U.S. Supreme Court has issued numerous decisions over the past decade addressing arbitration agreements. In one of the Roberts Court’s first forays into the arbitration arena, the Court held that class or collective...more

BakerHostetler

Yet Another Opinion Addresses the Availability of Class or Collective Arbitration and Whether It Is a ‘Gateway Issue’ for the...

BakerHostetler on

We didn’t expect to be discussing class or collective arbitration issues so soon, but we have repeatedly underestimated the resilience of these aggregate arbitration questions. Hopefully, the upcoming Lamps Plus, Inc. opinion...more

Mintz - Arbitration, Mediation, ADR...

Class Arbitration: Contractual “Crickets” Are Sufficient for Ninth Circuit to Determine That Class Arbitration Is Permitted,...

When is “silence” in an arbitration clause concerning class arbitration not “Stolt-Nielsen silence”? And what is the difference between a “claim” and a “procedure”? The Ninth Circuit seemingly took hair-splitting to a new...more

BakerHostetler

Following the Sixth Circuit’s Lead, Ohio Appellate Courts Find Whether an Agreement Allows Class Arbitration Is a “Gateway Issue”

BakerHostetler on

As we stated previously, the potential impact of whether entitlement to class arbitration is a “gateway issue” will likely diminish with each passing year. (See our March 12, 2015, blog article on the denial of certiorari in...more

Carlton Fields

NLRB Finds Mandatory Arbitration Clause Unenforceable

Carlton Fields on

An administrative law judge for the National Labor Relations Board (“Board”) found in favor of Talina Torres (“Torres”) against Employers Resource (“Employers”) after determining that an arbitration clause within an...more

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