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
1/31/2023
/ Arbitration ,
Biometric Information Privacy Act ,
Class Action ,
Coronavirus/COVID-19 ,
Cybersecurity ,
Data Privacy ,
Department of Labor (DOL) ,
Employee Retirement Income Security Act (ERISA) ,
Fair Labor Standards Act (FLSA) ,
Federal Arbitration Act ,
Independent Contractors ,
Misclassification ,
Non-Exempt Employees ,
OSHA ,
Pay Rates ,
Payroll Companies ,
Private Attorneys General Act (PAGA) ,
SCOTUS ,
Software ,
Wage and Hour
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
6/29/2022
/ Arbitration ,
Arbitration Agreements ,
CAFA ,
Class Action ,
Class Action Arbitration Waivers ,
Corporate Counsel ,
Department of Labor (DOL) ,
Enforceability ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Credit Reporting Act (FCRA) ,
Fair Labor Standards Act (FLSA) ,
Federal Arbitration Act ,
Personal Jurisdiction ,
Private Attorneys General Act (PAGA) ,
Rest and Meal Break ,
SCOTUS ,
Severance Agreements ,
Sexual Assault ,
Sexual Harassment ,
Wage Statements
The U.S. House of Representatives on November 19, 2021, passed the Build Back Better Act (H.R. 5376), ambitious climate protection/social spending legislation that now awaits deliberation in the Senate. Tucked inside the...more
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
2/2/2021
/ 401k ,
Americans with Disabilities Act (ADA) ,
Arbitration ,
Biden Administration ,
Biometric Information Privacy Act ,
Business Interruption ,
Class Action ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Federal Arbitration Act ,
Fluctuating Workweek ,
Higher Education Act ,
Independent Contractors ,
Labor Code ,
Layoffs ,
Pregnancy Discrimination ,
Private Attorneys General Act (PAGA) ,
Ridesharing ,
SCOTUS ,
Sexual Harassment ,
TCPA ,
Trucking Industry ,
Wage and Hour
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
As enforcing arbitration agreements with transportation workers under the Federal Arbitration Act (FAA) has become more difficult, employers should consider arbitration agreements with a potential alternative enforcement...more
The U.S. Court of Appeals for the Seventh Circuit, in a case of first impression, has developed a required framework for a district court to evaluate when a plaintiff asks the Court to authorize notice to putative class...more
An employer may lawfully issue to its employees a new or revised mandatory arbitration agreement containing a class- and collective-action waiver specifying that employment disputes are to be resolved by individualized...more
The U.S. Supreme Court term that ended in June 2019 included decisions on many topics important to workplace law, including class actions, arbitration, and administrative exhaustion and Title VII claims.
...more
7/10/2019
/ Age Discrimination ,
Arbitration ,
Auer Deference ,
Civil Rights Act ,
Class Arbitration ,
Corporate Counsel ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Arbitration Act ,
Fort Bend County Texas v Davis ,
Kisor v Wilkie ,
Lamps Plus Inc v Varela ,
Mount Lemmon Fire District v Guido ,
Parker Drilling Management Services Ltd v Newton ,
SCOTUS ,
Title VII ,
Wage and Hour
Class action arbitration is such a departure from ordinary, bilateral arbitration of individual disputes that courts may compel class action arbitration only where the parties expressly declare their intention to be bound by...more
4/25/2019
/ Ambiguous ,
Appeals ,
Arbitration ,
Arbitration Agreements ,
Class Arbitration ,
Consent ,
Federal Arbitration Act ,
Federal v State Law Application ,
Jurisdiction ,
Lamps Plus Inc v Varela ,
Motion to Compel ,
Preemption ,
Reversal ,
SCOTUS
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
12/13/2018
/ Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Class Certification ,
Disability Discrimination ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Hiring & Firing ,
Independent Contractors ,
Joint Employers ,
Misclassification ,
Sex Discrimination ,
Sexual Harassment ,
Unpaid Interns ,
Wage and Hour
Election Day may result in significant changes in our country’s labor and employment landscape. This article discusses some issues employers should watch closely....more