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Staying Around – The Supreme Court Resolves Circuit Split and Mandates that Cases Compelled to Arbitration be Stayed (Not...

The United States Supreme Court unanimously held that when a district court compels claims to arbitration, the district court must stay – rather than dismiss – the district court case.  In Smith v. Spizzirri, the Supreme...more

Is Arbitration the Answer: Vaccination Arbitration?

We have written a lot about the pluses and minuses of requiring arbitration of employment disputes. The arithmetic is complicated and employers come to different sums....more

Is Arbitration the Answer: Can Companies Win Summary Judgment In Arbitration?

In comparing arbitration to litigation, it would be misleading to compare the time, cost and risk of resolving a case at an arbitration hearing to the time, cost and risk of resolving a case at trial. After all, in most...more

Is Arbitration The Answer: What About Mass Arbitration?

In recent years, a new factor has entered the equation for employers considering employee arbitration programs:  mass arbitration....more

Do Employment Arbitration Programs Reduce Legal Costs?

We continue our series examining whether an employment arbitration program can help minimize legal risks from COVID-19 and beyond by considering another question employers should ask when deciding whether to adopt an...more

Are Arbitration Agreements Fair and Consistent With Company Culture? A Series on Arbitration Agreements

Seyfarth Synopsis: This series (Is Arbitration the Answer? and Can Arbitration Agreements Protect Employers Against Class Actions?) examines whether an employee arbitration program can help minimize legal risks from COVID-19...more

Are Arbitration Agreements Fair and Consistent With Company Culture?

This series (Is Arbitration the Answer? and Can Arbitration Agreements Protect Employers Against Class Actions?) examines whether an employee arbitration program can help minimize legal risks from COVID-19 and beyond....more

Retail Detail: Can Retail Gig Workers Be Treated As Non-Employees? A Federal Court Casts Doubt

In recent years, the retail sector’s use of non-employee gig workers has grown dramatically.  Both retailers and brand-name distributors have increasingly used workers who accept work on a project-by-project basis to load and...more

Can Arbitration Agreements Protect Employers Against Class Actions?

This series examines whether an employee arbitration program can help minimize legal risks from COVID-19 and beyond. For many employers, an important reason for rolling out arbitration is a desire to avoid class and...more

Is Arbitration the Answer?

Most employers have seen the forecasts.  The waves of employees let go in the COVID crisis will file a surge of employment claims.  Worse, plaintiffs’ lawyers will scrutinize the many changes required by the pandemic and...more

Invitations (To Join FLSA Collective Actions) Have Consequences: Seventh Circuit Rules That FLSA Opt-In Notice Should Not Be Sent...

Seyfarth Synopsis: An appellate court has ruled that a district court should not authorize notice of an FLSA suit to employees who are ineligible to join the suit because they agreed to resolve disputes exclusively through...more

Call Center Employees in Massachusetts Win Claim For Sunday Premium Pay

Seyfarth Synopsis: A Massachusetts trial court judge ruled that employees were entitled to premium pay for work on Sundays at a call center, under a Massachusetts statute governing Sunday and holiday work at a retail “store...more

Tips on Avoiding Wage And Hour Lawsuits in Massachusetts - Tip #4: Review Independent Contractor Relationships

Among the most common types of wage and hour lawsuits in Massachusetts are independent contractor misclassification suits. These actions arise when an individual who provides a service claims that: (1) he or she was...more

Tips on Avoiding Wage and Hour Lawsuits in Massachusetts: Tip #3: Conduct an Off-the-Clock Work Audit

Even fair-minded employers, with sound policies, face “off-the-clock” claims. That is, employers have to defend against lawsuits in which employees argue that they worked hours for which their employers failed to pay them. ...more

Tips On Avoiding Wage And Hour Lawsuits in Massachusetts - Tip #2: Consider Conducting a Pay Equity Audit

Effective July 1, 2018, the Massachusetts Equal Pay Act (the “Act”) requires employers to pay employees of different genders equal wages for comparable work unless the difference in pay is explained by the Act’s enumerated...more

Tips on Avoiding Wage and Hour Lawsuits in Massachusetts - Tip #1: Consider An Arbitration Agreement—With A Class Action Waiver

Tip #1: Consider An Arbitration Agreement—With A Class Action Waiver - Until recently, there has been much debate about the enforceability of arbitration agreements containing class action waivers. Courts disagreed as to...more

Litigate Locally (Not Nationwide), Federal Courts Increasingly Tell FLSA Plaintiffs

Seyfarth Synopsis: Two recent decisions by federal courts in Massachusetts highlight barriers to litigating FLSA cases on a nationwide basis — including a personal jurisdiction defense that could preclude a nationwide...more

How Narrow Is A Discrimination Plaintiff’s Road To Trial In The Eleventh Circuit?

Seyfarth Synopsis: Although an employee can prove discrimination by showing that an employer’s reasons for adverse action are pretextual, the Eleventh Circuit finds that an employee must do more than merely contest the...more

The Baton Passes Back to the East Coast: Prior Salary Ban Passed in Delaware and Philadelphia Law Suit Challenging Prior Salary...

Seyfarth Synopsis: There have been two big updates on the prior salary front. First, Delaware joins the growing number of states and local jurisdictions with its enactment of a law preventing employers from requesting salary...more

Lawsuit Challenging Philadelphia Salary History Ban Ordinance Dismissed

Seyfarth Synopsis: UPDATE: The United States District Court for the Eastern District of Pennsylvania dismissed the challenge to the Philadelphia ordinance on May 30, 2017 based upon the Chamber of Commerce for Greater...more

Businesses Challenge Philadelphia Law Prohibiting Inquiry into Prospective Employee’s Wage History

Seyfarth Synopsis: Businesses banded together to challenge, on First Amendment and Due Process grounds, the pay equity Ordinance which would ban inquiries into prospective employees’ prior salaries. The Ordinance, which was...more

Warehouses and Delivery Centers in Massachusetts May Operate on Sundays and Holidays Following an Amendment to the Commonwealth’s...

Seyfarth Synopsis: Recently, Massachusetts Governor Charlie Baker signed a law amending the Commonwealth’s “blue laws.” The blue laws prohibit business activities on Sundays and holidays, unless the activity fits within a...more

Signs of (American United) Life for Independent Contractor Status in Massachusetts

Independent contractor misclassification claims have become an epidemic — nationally and especially in Massachusetts. Under most tests for independent contractor status, whether an individual’s services are within the usual...more

Where’s the (Pork)? Justices Sidestep Meatiest Issues at Oral Argument in Tyson Foods

Companies burdened by an avalanche of wage and hour class and collective actions have been hoping that Tyson Foods, Inc. v. Bouaphakeo might be the game-changing decision they have been waiting for. If the oral argument...more

What the Browning-Ferris Decision May Forecast for Wage and Hour Law

The National Labor Relations Board’s decision in Browning-Ferris Industries of California, Inc., announced last week, dramatically expands joint employer liability under the National Labor Relations Act. A business can be...more

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