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
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
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
In recent years, a new factor has entered the equation for employers considering employee arbitration programs: mass arbitration....more
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
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
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
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
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
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
1/31/2020
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Collective Actions ,
Eligibility Determination ,
Exempt-Employees ,
Facebook ,
Fair Labor Standards Act (FLSA) ,
JPMorgan Chase ,
Misclassification ,
Opt-In ,
White-Collar Exemptions
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