News & Analysis as of

Unpaid Overtime Federal Arbitration Act

Payne & Fears

March 2024 Case Summaries

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Summary - To qualify as a transportation worker for purposes of the FAA, an employee’s relationship to the movement of goods must be sufficiently close enough to conclude that the employee’s work plays a tangible and...more

Fox Rothschild LLP

US Supreme Court Ruling Is a Warning to Employers to Promptly Enforce Right to Arbitration

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A party claiming that its opponent waived their right to compel arbitration by participating in litigation cannot be required to show prejudice, the U.S. Supreme Court ruled on May 23, 2022 in a unanimous opinion written by...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

Jackson Lewis P.C.

U.S. Supreme Court to Consider Whether Airline Ramp Worker Meets FAA Transportation Worker Exemption

Jackson Lewis P.C. on

Do an airline’s ramp workers qualify as “transportation workers” exempt from the Federal Arbitration Act (FAA)? The U.S. Supreme Court has granted an airline’s petition for review to resolve this question. Southwest...more

Jackson Lewis P.C.

Fifth Circuit: Arbitrator Properly Interpreted Arbitration Agreement To Allow For Collective Claims

Jackson Lewis P.C. on

Consistent with the terms of the arbitration agreement at issue, an hourly fuel tech and driver is entitled to arbitrate collective claims alleging that his employer violated the Fair Labor Standards Act (FLSA), the federal...more

Epstein Becker & Green

Court to Consider Whether California Ride Share Drivers Who Make Airport Runs Are Exempt from the Federal Arbitration Act

Epstein Becker & Green on

On November 26, 2019, San Francisco Superior Court Judge Richard B. Ulmer ruled that the Federal Arbitration Act (“FAA”) might not apply to Uber drivers who are engaged in interstate commerce while driving passengers to or...more

Patterson Belknap Webb & Tyler LLP

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

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - June 2017

This edition examines recent labor and employment developments at the U.S. federal, state and local levels, including the House of Representatives' American Health Care Act and the Senate's Better Care Reconciliation Act, the...more

Troutman Pepper

January 2017 Independent Contractor Misclassification and Compliance News Update

Troutman Pepper on

January was a busy month for independent contractor misclassification – and IC compliance. In addition to Lowe’s $2.85 million settlement with installers whom it classified as ICs, Lufthansa agreed to pay $1.1 million in...more

Carlton Fields

Ninth Circuit Holds That State Decision Barring Waiver Of Representative Claims Does Not Conflict With Federal Arbitration Act

Carlton Fields on

On June 25, 2012 and July 7, 2014, we reported on the issue of waiver of representative claims under California’s Private Attorneys General Act of 2004 (“PAGA”). In Iskanian v. CLS Transportation of Los Angeles, LLC, the...more

BakerHostetler

PAGA In The News – Ninth Circuit Sides with California Supreme Court On Enforcement of PAGA Waivers and California Amends The...

BakerHostetler on

The Ninth Circuit Decision - Delivering a perhaps unexpected blow to employers, the Ninth Circuit sided with the California Supreme Court earlier this week in upholding the state-court-fashioned Iskanian rule, which...more

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