Mia Farber at Jackson Lewis P.C.

Build Back Better Act Update: Class Waiver Provisions Gone, Penalty Increases Remain

The Senate Committee on Health, Education, Labor, and Pensions has released its version of the Build Back Better bill and it does not contain the provision regarding class or collective action waivers in the version passed by...more

12/14/2021 / Arbitration Agreements , Class Action , Collective Actions , Fair Labor Standards Act (FLSA) , Independent Contractors , NLRA , Senate Committees

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

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

12/14/2021 / Arbitration Agreements , Collective Actions , Federal Arbitration Act , Interstate Commerce , SCOTUS , Southwest Airlines , Transportation Industry , Unpaid Overtime

Build Back Better Act Threatens Class and Collective Action Waivers

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

11/29/2021 / Arbitration , Chamber of Commerce , Class Action , Collective Actions , Epic Systems Corp v Lewis , Federal Arbitration Act , NLRA , Retaliation , Waivers

Class Action Trends Report, Fall 2021

The Fall 2021 edition of the Jackson Lewis Class Action Trends Report looks at the class action risks that arise as employers navigate return-to-work during this precarious stage of the COVID-19 pandemic. Employee symptom...more

Federal Arbitration Act Partial Bar On California’s Ban On Mandatory Arbitration Contracts, Court Holds

The Federal Arbitration Act (FAA) only partially preempts California’s bar on mandatory arbitration agreements in employment, the U.S. Court of Appeals for the Ninth Circuit has held, vacating the preliminary injunction that...more

9/17/2021 / Arbitration Agreements , Chamber of Commerce , Employer Liability Issues , Federal Arbitration Act , FEHA

California Court Of Appeal Holds Courts Have Authority To Ensure That PAGA Claims Are Manageable

While California’s Private Attorneys General Act (PAGA) is often compared to class actions, many of the rules and regulations governing class actions are not present. And applying considerations like manageability to PAGA...more

9/16/2021 / Appellate Courts , California , Class Action , Private Attorneys General Act (PAGA)

$102 Million Pay Stub, Meal Break Judgment Against Walmart Reversed

In a significant victory for California employers, the U.S. Court of Appeals for the Ninth Circuit reversed a $102 million award against Walmart in a suit alleging that the retailer violated the California Labor Code’s wage...more

6/14/2021 / Bonuses , Class Action , Corporate Counsel , Labor Code , Private Attorneys General Act (PAGA) , Rest and Meal Break , Standing , Wage and Hour , Wage Statements , Wal-Mart

Class Action Trends Report Spring 2021

In our latest issue of the Class Action Trends Report, Jackson Lewis attorneys discuss how employers can undertake Diversity, Equity and Inclusion (DEI) initiatives without risking class action discrimination suits; wage and...more

Class Action Trends Report Winter 2021

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

Fifth Circuit Rejects Two-Step Approach for Certifying FLSA Collective Actions

On “how stringently, and how soon, district courts should enforce [Fair Labor Standards Act] Section 216(b)’s ‘similarly situated’ mandate” when considering motions for certification of collective actions, the U.S. Court of...more

1/14/2021 / Collective Actions , Commercial Truck Drivers , Corporate Counsel , Fair Labor Standards Act (FLSA) , Independent Contractors , Wage and Hour

Department Of Labor Issues Final Independent Contractor Rule

The Department of Labor’s (DOL) Wage and Hour Division has formally released a Final Rule defining “independent contractors” under the Fair Labor Standards Act (FLSA). The regulation provides that “an individual is an...more

1/8/2021 / Department of Labor (DOL) , Fair Labor Standards Act (FLSA) , Federal Register , Final Rules , Independent Contractors , NPRM , Wage and Hour

Private Attorneys General Act Round-Up For 2020

2020 presented a myriad of challenges for California employers, including the constant march of California court opinions regarding the Private Attorneys General Act (PAGA) claims. The California courts focused on two...more

1/6/2021 / Appellate Courts , Arbitration Agreements , CA Supreme Court , Labor & Workforce Development Agency (LWDA) , Private Attorneys General Act (PAGA) , Wage and Hour