FLSA › Class Action Arbitration Waivers

The Fair Labor Standards Act is a United States federal statute enacted in 1938 to promote fair labor conditions and protect workers from abusive treatment. The primary features of the FLSA address excessive... more +

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News & Analysis as of May 19, 2013

February 2013 U.S. Labor and Employment Update

by Alan Berkowitz, Jennifer Burdick, J. Ian Downes, Linda Dwoskin, Kate Ericsson, Thomas Johnson, Melissa Squire | Dechert LLP on 2/22/2013

In This Issue: - Supreme Court to Address “Changing Clothes” under the FLSA - First Appellate Court Decision on FLSA’s Nursing Mother Provision - Courts Continue Trend in Favor of Class Waivers in Arbitration...more

California Court of Appeal Denies Wage-and-Hour Class Claims and Enforces Arbitration Agreement under Concepcion

by Andrea Brown, Daniel Corbett, Julie Totten | Orrick - Global Employment Law Group on 1/30/2013

Employers in California have been watching closely to see how courts will apply the United States Supreme Court’s decision in AT&T Mobility v. Concepcion, 131 S. Ct. 1740 (2011), which held that the Federal Arbitration Act...more

The Debate Continues: Recent Eighth Circuit Decision Adds to the Growing Tension between Federal Courts and the NLRB Regarding the...

by Greg Mersol, Ericka Spears | BakerHostetler on 1/30/2013

Much like a war where each side steadily amasses victories and defeats, the federal courts and the National Labor Relations Board (NLRB) continue to have diverging opinions on the enforceability of class action waivers in...more