News & Analysis as of

Collective Actions

DOJ Backs Class Action Waivers

by LeClairRyan on

The United States Department of Justice (DOL) has made an about face and now takes the position that class action waivers in arbitration agreements are enforceable. The change in position from the Trump Administration’s DOJ...more

Convergys Corporation and LogistiCare Solutions, Incorporated v. NLRB – The Fifth Circuit Considers Class and Collective Action...

by BakerHostetler on

The U.S. Court of Appeals for the Fifth Circuit decided two cases considering the impact of the National Labor Relations Act (NLRA) on class or collective action waivers required by companies for their applicants and...more

Belgium Adopts Law Enacting EU Directive on Private Antitrust Damages

by Jones Day on

On June 6, 2017, Belgium adopted legislation ("Law") transposing the EU directive on private antitrust damages (Directive 2014/104, ("Directive")). The Law became applicable on June 22, 2017, and is expected to boost private...more

Highlights From DRI Class Action Seminar 2017 – Day Two

Here are my highlights from the second day of DRI’s 2017 Class Action Seminar: Class Action Waivers in Employment Agreements (Neal Katyal of Hogan Lovells) - Neal Katyal is a leading Supreme Court advocate and is litigating...more

Unless the U.S. Supreme Court Rules Otherwise, Waivers of Collective Actions Are Not Enforceable in New York

On July 18, 2017, the First Department partially reversed the Commercial Division’s decision in Gold v. New York Life Insurance Company, No. 653923/12, 2017 BL 247192 (App. Div. 1st Dep’t July 18, 2017), a case that presented...more

New York Appeals Court Holds Class Action Waivers Violate the NLRA While Employers Await Definitive Ruling From Supreme Court

The Supreme Court is set to hear oral argument in October on whether class and collective action waivers are enforceable. While employers await the Supreme Court’s decision, other courts continue to weigh in on the matter....more

New York State Appellate Court Finds Arbitration Agreement Requiring Employees to Bring Claims Individually Violates The National...

by Littler on

On July 18, 2017, in Gold v. New York Life Ins. Co., New York’s Appellate Division, First Department issued a decision that directly contradicted the decision of the U.S. Court of Appeals for the Second Circuit in Sutherland...more

Appellate Court Nixes Employee Arbitration Agreements

by FordHarrison on

By Decision dated July 19, 2017 (the “Decision”), the Appellate Division, First Department (the “First Department”) (which has jurisdiction over Manhattan and Bronx) held that arbitration agreements obligating employees to...more

Oil Energy FLSA Exemption Collective Action Settles: The Right Move By The Employer 

by Fox Rothschild LLP on

No industry is immune to FLSA collective actions and the energy industry is seeing a significant uptick in these actions. In this regard, a class of workers employed by an oil field services company has just agreed to a $2.1...more

Lessons for Employers in FLSA Collective Action Strategy from the Service Industry

by Miles & Stockbridge P.C. on

One of the most common types of litigation facing employers is the Fair Labor Standards Act (“FLSA”) collective action. These lawsuits are generally a lose-lose situation for employers because they must wage a defense through...more

The Growth of Collective Shareholder Actions in Europe

On June 8, 2017, Skadden hosted a webinar titled “The Growth of Collective Shareholder Actions in Europe.” The Skadden panelists were international litigation and arbitration partners David Edwards and Anke Sessler, and...more

From The Playing Field To The Courtroom: The State Of Current Legal Challenges Brought By Student-Athletes

by Fisher Phillips on

As the U.S. Supreme Court stated in a 1984 decision involving the University of Oklahoma, there exists in this country a “revered tradition of amateurism in college sports.” Despite this tradition, there have been an...more

Afghanistan-Based Contractors See FLSA Collective Action Dismissed On Jurisdictional Grounds

by Fox Rothschild LLP on

I blogged about this off-the-beaten-path case a short time ago. Wow, whoever thought the courts would work this fast? A federal judge dismissed a proposed FLSA collective action against Fluor Corp. filed by contractors who...more

New Administration Dismantles More Of Obama Arbitration Regulations

It was only a few weeks ago that this blog covered the reversal of the CMS regulation on arbitration in nursing homes. Now, the Trump Administration has altered course on two other issues of arbitration policy....more

The Sixth Circuit Holds That Class Action Arbitration Waivers Are Prohibited Under The National Labor Relations Act

by Carlton Fields on

The Sixth Circuit enforced a National Labor Relations Board’s (“NLRB”) order finding that Alternative Entertainment Inc., a Michigan-based satellite television retailer, violated the National Labor Relations Act (“NLRA”) by...more

Putative Class and Collective Action Under Enjoined U.S. DOL Overtime Rule Appears to Face Strong Argument for Dismissal

by Littler on

On June 7, 2107, a plaintiff brought a putative class and collective action against Chipotle for alleged violations of the Fair Labor Standards Act and New Jersey’s Wage and Hour Law. The plaintiff asserts the company...more

Waving in Class Action Waivers?

Later this year, the Supreme Court of the United States will address the enforceability of class action waivers in employment arbitration agreements in Ernst & Young LLP v. Morris. The Supreme Court’s decision will resolve a...more

No Good Deed Goes Unpunished – The Supreme Court May Decide Whether Payments for Meal Breaks Can Offset Alleged Off-The-Clock Work

by Seyfarth Shaw LLP on

Pending before the United States Supreme Court is a petition for writ of certiorari asking the Court to determine whether an employer may use payments for bona fide meal periods as an offset/credit against compensable work...more

Wave Goodbye to Waivers? 6th Circuit Joins March to Prohibit Class Action Waivers in Arbitration Agreements

Joining two other circuit courts, the 6th Circuit concluded that employers cannot take advantage of class action and collective action waivers as part of employment arbitration agreements....more

In Nationwide Conditional Certification, Evidence Still Matters

As employers well know, the Fair Labor Standards Act (“FLSA”) permits employees to file suits on behalf of themselves and others who are “similarly situated.” 29 U.S.C. 216(b). In practice, this often means large employers...more

Court Grounds O’Hare Janitors’ Collective Action For Off-the-Clock Work

by Seyfarth Shaw LLP on

Seyfarth Synopsis: A federal district court last week decertified and effectively grounded a collective action of O’Hare Airport janitorial staff who claimed that their employer forced them to work off-the-clock without...more

The Ninth Circuit Goes All In. Will the Supreme Court Call?

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Recently the Ninth Circuit doubled down on its decision that service advisers at car dealerships are not exempt from the FLSA, despite being overturned once by the U.S. Supreme Court....more

Florida Federal Court Grants Conditional Certification In ADEA Collective Action Following Employer’s Reduction-In-Force

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Following an employer’s reduction-in-force that ultimately led to an ADEA collective action after several employees over 50 years old were terminated, a federal district court in Florida recently granted a...more

Does Federal Wage Decision Bring A Sea Change To Offshore Operations? 5th Circuit Case Clarifies FLSA Exemption Standard For...

by Fisher Phillips on

A recent federal court decision may bring about a new wave of overtime claims by offshore workers, particularly those working within the territorial waters of Louisiana, Mississippi, and Texas (Halle v. Galliano Marine...more

Eighth Circuit Decides That Arbitration Agreements Cover ADEA Collective Actions

by Seyfarth Shaw LLP on

Seyfarth Synopsis: After thirty-three former employees who signed release agreements requiring individual arbitration of ADEA claims collectively sued their employer for age discrimination, the employer moved to compel...more

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