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NLRB Clarifies Use of Mandatory Arbitration Post-Epic Systems

On August 14, 2019, the National Labor Relations Board (NLRB) issued a ruling clarifying several mandatory arbitration issues following the 2018 decision by the Supreme Court of the United States in Epic Systems Corp. v....more

Cracking the Door? The Eleventh Circuit Again Considers When Out-of-Court FLSA Settlements Are Enforceable

In 1982, the Eleventh Circuit Court of Appeals held in Lynn’s Food Stores, Inc. v. United States that employers and employees cannot settle claims under the Fair Labor Standards Act (FLSA) unless (1) the settlement is...more

Beneath the Radar: The Seventh Circuit Quietly Overhauls FLSA Collective Action Litigation

With a few casual sentences, the Seventh Circuit Court of Appeals has called into question the standards used by most district courts for the past three decades to certify collective actions under the Fair Labor Standards Act...more

U.S. Supreme Court denies cert in Fifth Circuit Case—The Future for the Enforceability of Private FLSA Settlement Agreements

In a prior post, we wrote about a recent decision from the Fifth Circuit Court of Appeals enforcing a private settlement agreement that released claims under the Fair Labor Standards Act (FLSA), even though the agreement did...more

Fifth Circuit Holds Private FLSA Settlement Agreement Is Enforceable

The Fifth Circuit Court of Appeals recently enforced an agreement settling claims under the Fair Labor Standards Act (FLSA), even though the settling parties never received approval from the district court, and the agreement...more

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