Here’s a question you likely have never considered: Are hackers overseas infiltrating employers’ computer systems just to sign arbitration agreements with class action waivers for random employees?...more
For more than a few years — at least since the United States Supreme Court’s seminal 2017 decision in Epic Systems v. Lewis — employers across the country have weighed whether to have their employees sign arbitration...more
In a recent post addressing the U.S. Supreme Court oral argument in Viking River Cruises v. Moriana, we mentioned that employers in California will want to consider the “pros and cons” of arbitration agreements should an...more
We have written here about the efforts of several gig economy companies like DoorDash to avoid having to conduct – and pay for – thousands of individual arbitrations alleging that their workers had been misclassified....more
4/22/2020
/ Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
DoorDash ,
Employer Liability Issues ,
Employment Contract ,
Gig Economy ,
Independent Contractors ,
Misclassification ,
Postmates
Be careful what you ask for.
We have used that expression frequently when writing about recent federal court orders requiring DoorDash and Postmates to conduct thousands of individual arbitrations in California pursuant to...more
It’s no secret that many employers have employees sign arbitration agreements with class and collective action waivers in the hopes of avoiding the massive wage-hour lawsuits that have become so prevalent in the past two...more
2/14/2020
/ American Arbitration Association ,
Arbitration ,
Arbitration Agreements ,
Arbitration Fees ,
Class Action ,
Class Action Arbitration Waivers ,
Contract Terms ,
DoorDash ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Epic Systems Corp v Lewis ,
Fees ,
Motion to Compel
As we wrote here, United States District Court Judge Kimberly J. Mueller of the Eastern District of California wrote a brief “minute order” explaining that she was issuing a preliminary injunction to halt enforcement of...more
2/11/2020
/ Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Contract Terms ,
Corporate Counsel ,
Employment Contract ,
Federal Arbitration Act ,
Federal Labor Laws ,
Labor Regulations ,
Mandatory Arbitration Clauses ,
Motion To Enjoin ,
Preliminary Injunctions ,
State and Local Government ,
State Labor Laws
The California Legislature’s attempt to circumvent both the Federal Arbitration Act (“FAA”) and the Supreme Court’s landmark decision in Epic Systems by crafting a new law prohibiting California employers from requiring...more
2/4/2020
/ Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Employment Contract ,
Epic Systems Corp v Lewis ,
Federal Arbitration Act ,
Motion To Enjoin ,
Preemption ,
Preliminary Injunctions ,
TRO
As we recently wrote here, on December 29, 2019, just days before California’s new arbitration statute known as AB 51 was to go into effect, a federal judge in the United States District Court of the Eastern District of...more
1/16/2020
/ Arbitration ,
Arbitration Agreements ,
Class Action Arbitration Waivers ,
Employer Liability Issues ,
Employment Contract ,
Federal Arbitration Act ,
Labor Regulations ,
Motion To Enjoin ,
New Legislation ,
Preemption ,
Preliminary Injunctions ,
Restraining Orders ,
State and Local Government ,
State Labor Laws ,
TRO
As employers with operations in California had feared, Governor Gavin Newsom has signed AB 51, which effectively outlaws mandatory arbitration agreements with employees – a new version of a bill that prior Governor Jerry...more
10/14/2019
/ Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Contract Terms ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Contract ,
Federal Arbitration Act ,
Labor Regulations ,
New Legislation ,
Preemption ,
State and Local Government ,
State Labor Laws
Addressing Workplace Sexual Harassment in the Wake of #MeToo -
Revelations of the Harvey Weinstein scandal, and those that have followed, have ignited sexual harassment complaints against employers across all industries....more
12/27/2017
/ Arbitration Agreements ,
Class Action Arbitration Waivers ,
Cybersecurity ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Family and Medical Leave Act (FMLA) ,
Harassment ,
Minimum Salary ,
Paid Leave ,
Popular ,
Private Attorneys General Act (PAGA) ,
Sexual Harassment ,
Wage and Hour ,
White-Collar Exemptions
A year ago, employers across the country prepared for the implementation of a new overtime rule that would dramatically increase the salary threshold for white-collar exemptions, on the understanding that the new rule would...more
9/29/2017
/ Arbitration ,
Barack Obama ,
Class Action Arbitration Waivers ,
Department of Labor (DOL) ,
Employee Definition ,
Fair Labor Standards Act (FLSA) ,
Independent Contractors ,
Joint Employers ,
Misclassification ,
Murphy Oil v NLRB ,
Popular ,
Tip Credit ,
Tip-Pooling ,
Trump Administration ,
Unpaid Overtime ,
Wage and Hour ,
White-Collar Exemptions
It is no secret that the wage and hour requirements found in the myriad of federal, state, and local laws and regulations present unique challenges to employers across the country. Those challenges are further complicated by...more