It is common practice for companies to utilize agreements requiring arbitration on an individual basis to avoid or limit the risk, burden, and expense of class and collective actions. However, an exemption in Section 1 of the...more
ArentFox Schiff's annual review of significant developments and trends that shaped class action litigation in 2023 has major implications for companies across the country.
From labor and employment disputes to landmark...more
3/22/2024
/ Arbitration ,
Arbitration Agreements ,
Biometric Information ,
Biometric Information Privacy Act ,
California ,
CIPA ,
Class Action ,
Cybersecurity ,
Data Protection ,
Electronic Communications ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Federal Arbitration Act ,
Foreign Commerce ,
Illinois ,
Interstate Commerce ,
Logistics ,
Privacy Acts ,
State and Local Government ,
State Privacy Laws ,
Technology Sector ,
Wiretapping
The Latest Trends and Developments in the Class Actions World -
Labor & Employment-
Labor and Employment class actions involving contractors are on the rise in California, especially in its $50-plus billion per annum...more
Employee misclassification claims continue to be the focus of class action litigation in the logistics space. In general, these cases involve allegations by independent contractors (most often owner-operators) that they...more
The Court addresses arbitration of class and collective actions in Viking River Cruises, Inc. v. Moriana and Coinbase, Inv. V. Bielski.”
Viking River Cruises, Inc. v. Moriana, 142 S. Ct. 1906 (2022) US Supreme Court...more
Ferra v. Loews Hollywood Hotel, LLC, 2021 WL 2965438 (July 15, 2021) -
On July 15, 2021, the California Supreme Court issued a long-awaited decision, Ferra v. Loews Hollywood Hotel, LLC, regarding the rate at which premium...more
9/23/2021
/ Appeals ,
CA Supreme Court ,
Class Action ,
Class Certification ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Jurisdiction ,
Labor Code ,
Meal Penalties ,
Multidistrict Litigation ,
Putative Class Actions ,
Rest and Meal Break ,
SCOTUS ,
Sua Sponte ,
Unpaid Overtime ,
Wage and Hour
The latest trends and developments in the class action world.
Since our last update was published, the United States Supreme Court has addressed a number of appeals involving class actions.
Requirement of Concrete...more
9/23/2021
/ Appeals ,
Article III ,
Auto-Dialed Calls ,
Class Action ,
Facebook Inc v Duguid ,
Fair Credit Reporting Act (FCRA) ,
Injunctive Relief ,
Office of Foreign Assets Control (OFAC) ,
Putative Class Actions ,
Random or Sequential Number Generator ,
Robocalling ,
SCOTUS ,
Standing ,
TCPA ,
TransUnion LLC v Ramirez
Employee misclassification continues to be the largest source of class action litigation in the logistics industry.
California Trucking Association v. Bonta May Head to the Supreme Court -
Independent contract...more
9/22/2021
/ ABC Test ,
Appeals ,
Class Action ,
Class Certification ,
Employee Definition ,
Fair Labor Standards Act (FLSA) ,
Federal Aviation Administration Authorization Act of 1994 (FAAAA) ,
Gig Economy ,
Misclassification ,
NLRA ,
Putative Class Actions ,
Reversal
The vast majority of class action litigation in the logistics industry over the past quarter, and indeed the last few years, has been focused on the issue of worker misclassification.
In particular, as state legislatures...more
1/7/2021
/ ABC Test ,
Class Action ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Federal Aviation Administration Authorization Act of 1994 (FAAAA) ,
Independent Contractors ,
Logistics ,
Misclassification ,
Preliminary Injunctions ,
Trucking Industry ,
Unions
Class Actions Quarterly Update: Employee Misclassification in the Logistics Industry -
The vast majority of class action litigation in the logistics industry over the past quarter, and indeed the last few years, has been...more
1/7/2021
/ Appeals ,
Biometric Information Privacy Act ,
Class Action ,
Data Privacy ,
Data Protection ,
Employee Retirement Income Security Act (ERISA) ,
Federal Aviation Administration Authorization Act of 1994 (FAAAA) ,
Independent Contractors ,
Logistics ,
Misclassification ,
New Jersey ,
Political Campaigns ,
Retirement Plan ,
SCOTUS ,
TCPA ,
Text Messages ,
Thole v U.S. Bank ,
Trucking Industry ,
Wage and Hour
In addition to battling class certification, businesses swept into these class actions may be faced with consolidation motions in multidistrict forums.
The Arent Fox Class Actions group has been tracking COVID-19 class...more
8/21/2020
/ Airlines ,
Arbitration ,
Business Interruption ,
CARES Act ,
Class Action ,
Class Certification ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Federal Arbitration Act ,
Lyft ,
Multidistrict Litigation ,
Paid Sick Leave ,
Paycheck Protection Program (PPP) ,
Race Discrimination ,
Refunds ,
Retaliation ,
SBA ,
Whole Foods
As the fallout from the COVID-19 pandemic continues across the nation, consumers and businesses alike are resorting to class action litigation to air their grievances. Since the onset of the pandemic, a wide range of class...more
5/6/2020
/ Airlines ,
Class Action ,
Colleges ,
Consumers ,
Coronavirus/COVID-19 ,
Events ,
Pandemic ,
Paycheck Protection Program (PPP) ,
Price Gouging ,
Resorts & Restaurants ,
Small Business ,
Universities