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Hiring & Firing › Class Action Arbitration Waivers

Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and... more +
Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings.  less -
Miller Nash LLP

Washington Court of Appeals Voids Class Action Waivers in Some Wage and Hour Claims

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In a recently published decision, the Washington Court of Appeals declared class action waivers in certain employment agreements unenforceable. In Oakley v. Domino’s Pizza, LLC, plaintiff Oakley brought claims under the...more

Epstein Becker & Green

#WorkforceWednesday: SCOTUS Rules on PAGA, Fifth Circuit Rules on COVID-19 Under WARN, Illinois Expands Bereavement Leave -...

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This week, we look at two significant court decisions for employers and bring you a practical update on new bereavement leave rules in Illinois. SCOTUS: FAA Preempts California’s PAGA Loophole Last week, the U.S. Supreme...more

Epstein Becker & Green

#WorkforceWednesday: EEOC COVID-19 Charges Surge, NYC’s Pay Transparency Law, SCOTUS Considers PAGA - Employment Law This Week®

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This week, we look at compliance and enforcement developments at the federal level and in the specific jurisdictions of New York City and California. EEOC Reports Surge of COVID-19-Related Charges On the heels of the Equal...more

McAfee & Taft

U.S. House passes 'FAIR Act' to end mandatory arbitration of workplace disputes

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For decades, American employers have relied on judicial precedent and the Federal Arbitration Act to enforce pre-dispute arbitration agreements. A “pre-dispute arbitration agreement” is a mandatory arbitration agreement...more

Polsinelli

Ninth Circuit Decision Creates Uncertainty for California Employers Using Mandatory Arbitration Agreements

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On September 15, 2021, the Ninth Circuit, in a 2-1 split decision, partially upheld a California law passed in 2019 governing the use of mandatory arbitration agreements by employers in California.  The state law, AB 51...more

FordHarrison

2019 Recap: New York Leads the Nation in Expanding Work Harassment Protections

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New York has become the most progressive State in the nation when it comes to protecting workers against harassment, discrimination and retaliation on the job. In the last two years, New York has made it much easier for any...more

Payne & Fears

Key California Employment Law Cases: September 2019

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ZB, N.A. v. Super Ct. of San Diego Cty., 8 Cal. 5th 175, 252 Cal. Rptr. 3d 228 (2019) - Summary:  Employee may not recover unpaid wages under Labor Code section 558 through PAGA. Facts:  Plaintiff Lawson worked for...more

Lewitt Hackman

“No More Arbitration for You!” – Part 2

Lewitt Hackman on

In our previous blog we wrote about California’s Assembly Bill 51, which largely impacts arbitration agreements by prohibiting employers from requiring employees or applicants for employment to agree to arbitrate claims for...more

Bradley Arant Boult Cummings LLP

Never Too Late to Arbitrate? Tips on Getting Your Agreement On

Bradley Arant Boult Cummings LLP on

Do your employees sign arbitration agreements? If so, do your arbitration agreements prevent employees from joining class actions against your company? Does your company want to start requiring arbitration agreements? If...more

Ballard Spahr LLP

NLRB: Employers Can Revamp Arbitration Agreements in Response to Collective or Class Action Suits

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The Supreme Court held last year in Epic Systems v. Lewis that mandatory arbitration agreements requiring employees to arbitrate claims against their employer on an individual—rather than on a class or collective—basis are...more

Ervin Cohen & Jessup LLP

In Case You Missed It…New Employment Laws in Effect for 2019 (Part 2)

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As we collect the legal developments that every employer will need to know for 2020, we wanted to provide a recap of the most important employment law changes that took place for 2019.  In Part I of this article we examined...more

K&L Gates LLP

Working Wise: Tips and Common Mistakes to Avoid for Employers in California

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In this episode of the Working Wise Podcast Series, K&L Gates Los Angeles Associate Saman Rejali provides an overview of tips and common mistakes to avoid for employers doing business in California....more

Seyfarth Shaw LLP

Employees Who Won’t Get On Board With Arbitration—Can Employers Rock The Boat?

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Seyfarth Synopsis: Everything was smooth sailing with your latest greatest arbitration agreement, but then an employee refused to get on board. What do you do now? Keep reading for a primer on navigating some murky waters....more

Hogan Lovells

D.C. District Court: Arbitration Agreements Require a Distinct Intention to be Bound

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Employers seeking to require binding arbitration for employee claims need to take notice of a recent decision.  ...more

Proskauer - Law and the Workplace

[Podcast]: Looking Back: Highlights in Labor and Employment Law from 2018

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In this episode of The Proskauer Brief, partner Steven Hurd and partner Adam Lupion discuss developments from some of the key cases in labor and employment law in 2018. We will discuss notable cases from the United States...more

FordHarrison

What Can Employers Expect in 2019?

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Despite the current U.S. government shutdown, many aspects of the federal government continue to operate, including the federal court system. This Alert highlights some of the legal, legislative and administrative...more

Fisher Phillips

Learn from Lyft—How to Ward Off the Rising Number of Background Check Class Actions

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Companies are increasingly faced with class actions for alleged violations of one of the “big three” —the Telephone Consumer Protection Act (TCPA), Fair Debt Collection Practices Act (FDCPA), or the Fair Credit Reporting Act...more

Jackson Lewis P.C.

Class Action Trends Report Fall 2018

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Our quarterly report discusses new developments in class action litigation and offers strategic guidance and tactical tips on how to defend such claims. This issue covers the following topics: - Are you my employer? A...more

Littler

California Countdown 2018: Which Labor and Employment Bills Will the Governor Sign?

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September 1, 2018 marked the last day for the California legislature to pass bills and forward them to Governor Jerry Brown (D) for his consideration. Governor Brown has until September 30 to sign, veto, or otherwise decline...more

Seyfarth Shaw LLP

Court Rejects Individual Pattern And Practice Claim And Enforces Arbitration Agreement In Discrimination Case

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Seyfarth Synopsis: In the midst of a legal landscape that is seemingly pro-arbitration, employers should recognize that employees still have a few strategies to oppose arbitration or invalidate an arbitration agreement. ...more

Fisher Phillips

Web Exclusive - May 2018: The Top 14 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Spilman Thomas & Battle, PLLC

SuperVision - Labor & Employment Law Insights - Issue 2, June 2018

Spilman Thomas & Battle, PLLC on

...In this issue, Mitch Rhein examines the Supreme Court decision permitting class action waivers, Spencer Cook looks at a recent decision that warns employers to be careful about asking for past pay rates, Chelsea Thompson...more

Holland & Knight LLP

Food and Beverage Law Update: June 2018

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Wage and Hour - Decision Upholds Class Action Waivers in Arbitration Clauses, Resolves Circuit Split - The U.S. Supreme Court issued a long-awaited decision in Epic Systems Corp. v. Lewis on May 21, 2018, holding that...more

Davis Wright Tremaine LLP

Our Nominees for the Top 20 California Employment Law Risks to Agriculture Employers

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California agricultural employers must be mindful of the federal, state, and local laws on the books, many of which pose traps for the unwary. Here are some of the most important employment and labor legal issues warranting...more

Cozen O'Connor

II-25 – Top 10 New Year’s Resolutions for Employers in 2018

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From federal agency changes to anticipated developments in sexual harassment, paid leave, overtime, and marijuana use, this episode of Employment Law Now provides ten issues that employers should resolve to understand in the...more

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