News & Analysis as of

Federal Arbitration Act Fair Labor Standards Act (FLSA) Class Action

The Federal Arbitration Act is a United States federal statute enacted in 1925 that governs arbitration in contracts implicating interstate commerce. The Act applies in both federal and state courts. 
Jackson Lewis P.C.

Class Action Trends Report Winter 2023

Jackson Lewis P.C. on

In this issue of the Jackson Lewis Class Action Trends Report, we welcome the New Year and look back at the most significant developments affecting employment class and collective action litigation in 2022. We also look ahead...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Arkansas Supreme Court Upholds Validity of Class-Action Waiver Clause Even In Absence of Arbitration Clause

Arbitration agreements and class-action waivers have been important tools for employers seeking to reduce expense and exposure in cases brought by employees. These legal instruments have begun to be limited, though. ...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

Jackson Lewis P.C.

FAA’s Transportation Worker Exception Covers Airline Ramp Agents, U.S. Supreme Court Holds

Jackson Lewis P.C. on

Individuals employed as ramp workers who frequently handle cargo for an airline are “transportation workers” exempt from the Federal Arbitration Act (FAA), the U.S. Supreme Court has held. Southwest Airlines Co. v. Saxon, No....more

Foley & Lardner LLP

Supreme Court Makes It Easier to Establish a Waiver of Arbitration through a Pursuit of Litigation

Foley & Lardner LLP on

On May 23, the Supreme Court resolved a circuit split in holding that the Federal Arbitration Act’s (FAA) “policy favoring arbitration” does not allow federal courts to create arbitration-specific federal procedural rules....more

Snell & Wilmer

U.S. Supreme Court Resolves Circuit Split Regarding Waiver Analysis for Arbitration Provisions

Snell & Wilmer on

On May 23, the U.S. Supreme Court resolved in Morgan v. Sundance whether a litigant seeking to establish waiver had to show prejudice resulting from an opposing party’s failure to timely enforce an arbitration provision under...more

K&L Gates LLP

U.S. Supreme Court to Address Prejudice Requirement for Waiver of Arbitration Agreements

K&L Gates LLP on

Agreements to submit disputes to arbitration are commonplace, with parties attempting to avoid the time, cost, and publicity involved in litigating disputes in court. To facilitate these aims, the Federal Arbitration Act (the...more

Locke Lord LLP

Déjà Vu in the Independent Contractor Misclassification Arena: August 2021 News Update

Locke Lord LLP on

The first three cases reported below regarding legal developments in August 2021 have four common denominators: the defendants are all large gig economy companies; plaintiffs’ class action counsel is the same; the lawsuits...more

Locke Lord LLP

Ride-Sharing Industry Prevails, While Trucking Industry has More Legal Work to do: April 2021 News Update

Locke Lord LLP on

April 2021 was a meaningful month for two industries that are hardly strangers to lawsuits involving the status of workers as independent contractors. A federal district court in the District of Columbia issued an extremely...more

Jackson Lewis P.C.

Class Action Trends Report Winter 2021

Jackson Lewis P.C. on

Last year presented many challenges, and 2021 offers a fresh start. In this issue of the Class Actions Trends Report we review the most significant developments of 2020 and take a look forward to what a new year and a new...more

Seyfarth Shaw LLP

5 Key Trends In Workplace Class Action Litigation: Trend #2 Change Is The New Normal

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Seyfarth Synopsis: The data and analysis from workplace class action rulings, case filings, and settlements showed that change is the new normal in 2020-2021. As many pro-business precedents continued to roll out and take...more

BakerHostetler

Food Delivery Driver Opinion Sheds More Light on the FAA Exemption and Use of CPR Arbitration Rules

BakerHostetler on

Plaintiff Jacob McGrath filed a nationwide Fair Labor Standards Act (FLSA) action ultimately involving approximately 4,000 food delivery drivers for DoorDash Inc. alleging that the drivers, known as “Dashers,” were...more

ArentFox Schiff

The National Labor Relations Board Issues Employer-friendly Arbitration Ruling

ArentFox Schiff on

In its groundbreaking decision in Epic Systems Corp. v. Lewis, 584 US ___, 138 S. Ct. 1612 (2018), the Supreme Court held that the National Labor Relations Act permits employer/employee agreements that contain class- and...more

Carlton Fields

Considerations for Use of Arbitration Agreements to Curtail Class Claims

Carlton Fields on

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

What Employment Issues did the Supreme Court Address this Term, and What’s in Store for 2019-2020?

Littler on

The Supreme Court’s October 2018-2019 term began with the highly politicized confirmation of Justice Brett Kavanaugh. But despite some expectations that the new makeup of the Court would be more divided than the previous...more

Alston & Bird

Class Action & MDL Roundup: Spring 2019

Alston & Bird on

Welcome back to the Class Action & MDL Roundup! Our spring edition covers notable class actions from the first quarter of 2019. There was a veritable traffic jam in the courts for the automotive industry. Manufacturers saw...more

Jackson Lewis P.C.

Fifth Circuit Rules District Court Erred In Ordering Notice Of Collective Action To Employees Who Signed Arbitration Agreements

Jackson Lewis P.C. on

In a significant case of first impression, the U.S. Court of Appeals for the Fifth Circuit just held it to be in error for a district court to order notice be sent to employees as part of a certification who, by a...more

Jackson Lewis P.C.

Class Action Trends Report Winter 2019

Jackson Lewis P.C. on

Are you my employee? Ayanna is working as an IT consultant at Globo Worldwide, part of a large team brought on to assist the e-commerce company in updating its website and email servers for EU General Data Protection...more

Fisher Phillips

Epic Ruling Gets 2 Sequels: Court Applies New SCOTUS Standard To Wage And Misclassification Claims

Fisher Phillips on

On the heels of the Supreme Court’s decision earlier this year in Epic Systems Corporation v. Lewis, which held that the National Labor Relations Act (NLRA) does not bar class or collective action waivers in arbitration...more

Mintz - Arbitration, Mediation, ADR...

Fair Labor Standards Act Collective Action Provision Too Does Not Make Agreement to Mandatory Bilateral Arbitration Unenforceable

When the Supreme Court ruled recently that the “concerted activities” provision of the National Labor Relations Act (“NLRA”) did not make a contractual waiver of “class arbitration” unenforceable, it provided an extensive...more

Parker Poe Adams & Bernstein LLP

FLSA Does Not Bar Individual Mandatory Arbitration of Wage Claims

In its recent term, the U.S. Supreme Court held in Epic Systems Corp. v. Lewis that the National Labor Relations Act does not prohibit mandatory arbitration agreements requiring that employment disputes be subject to...more

Burns & Levinson LLP

The Supreme Court Rules That Class Action Waivers Are Enforceable

Burns & Levinson LLP on

As I noted in a prior post, the differences between arbitration and litigation go well beyond the fact that arbitration generally is a quicker and less expensive process. As such, there are a host of reasons why a company may...more

Baker Donelson

Supreme Court Roundup: A Look Back – and Ahead – for Employment Law

Baker Donelson on

As the Supreme Court ended its 2017-18 Term, Justice Anthony Kennedy announced his resignation; the Court did away with "agency fees" for public employees; and in other decisions favorable to employers, the Court solidified...more

Littler

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

Littler on

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

Spilman Thomas & Battle, PLLC

The Case for Class - Class Action Waivers in Arbitration Agreements

Last month, in Epic Systems Corp. v. Lewis, the Supreme Court of the United States decided class action waivers in employment arbitration agreements do not violate the National Labor Relations Act (“NLRA”). A class action...more

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