A recent decision from a California court of appeals reflects a growing, if at times reluctant, acceptance by California courts of employment arbitration. In Outland v. Macy’s Department Stores, Inc., Case No. A133589 (Ct....more
1/31/2013
/ Arbitration ,
AT&T Mobility ,
Class Action ,
D.R. Horton ,
D.R. Horton v NLRB ,
Federal Arbitration Act ,
Gentry ,
Macy's ,
NLRA ,
NLRB ,
Over-Time ,
Preemption ,
Rest and Meal Break
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
Hilti, Inc. sells power equipment for use in construction sites. A quick trip through its website reveals tools most people wouldn’t have in their home workshops, such as 1100-watt demolition hammers, gas-powered fasteners,...more
What do you do if you if you want to cash in on the recent flood of wage and hour class and collective actions, but the employer’s policies are actually lawful?...more
If someone with too much time on their hands tried to catalogue all of the decisions regarding conditional certification of proposed FLSA class actions, they would likely find that while plaintiffs prevail at this stage more...more
Decades ago, Congress passed the Federal Arbitration Act to combat the hostility courts showed towards arbitration agreements. Since that time, the Supreme Court has repeatedly pronounced the public policy in favor of the...more
12/17/2012
/ American Express ,
Arbitration ,
Arbitration Agreements ,
AT&T Mobility ,
Class Action ,
Class Action Arbitration Waivers ,
Federal Arbitration Act ,
Nitro-Lift Technologies ,
Non-Compete Agreements ,
Oxford Health ,
Split of Authority ,
UBS
We’ve written several times in the past about the two-step procedure now in vogue for the handling certification of collective actions under section 16(b) of the FLSA....more