News & Analysis as of

Class Action Arbitration Agreements Collective Actions

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
ArentFox Schiff

Class Action Year in Review: Labor & Employment - March 2024

ArentFox Schiff on

The use of arbitration agreements between employers and employees is a long-standing practice that has become an integral part of employment dispute resolution across the country. Employers often use arbitration agreements...more

Proskauer - California Employment Law

January 2024 California Employment Law Notes

A Single Incident Of Harassing Conduct May Create A Hostile Work Environment - Beltran v. Hard Rock Hotel Licensing, Inc., 97 Cal. App. 5th 865 (2023) - Stephanie Beltran, a server at the Hard Rock Hotel in Palm...more

Kohrman Jackson & Krantz LLP

Sixth Circuit Creates New Standard for Certification Process in FLSA Collective Actions

The United States Court of Appeals for the Sixth Circuit recently made a significant decision regarding the certification procedure for collective actions under the Fair Labor Standards Act (FLSA). In the case of Clark v. A&L...more

Jackson Lewis P.C.

Sixth Circuit Adopts New Standard to Decide Whether to Send Notice to Potential FLSA Opt-Ins

Jackson Lewis P.C. on

In a highly anticipated decision, the U.S. Court of Appeals for the Sixth Circuit has ruled it will not use the lenient, two-step procedure in deciding whether to authorize sending notice of a collective action to other...more

Fisher Phillips

Viking Cruises to a Win for California Employers: Supreme Court Closes PAGA’s Backdoor to Avoid Arbitration Agreements (For Now)

Fisher Phillips on

Employers can enforce arbitration agreements in California to the extent they require an employee to arbitrate individual claims under the state’s Private Attorneys General Act (PAGA), according to an 8 to 1 SCOTUS ruling...more

Vinson & Elkins LLP

Top 3 Questions You Should be Asking about the New Federal Act Invalidating Mandatory Arbitration and Class Action Waivers of...

Vinson & Elkins LLP on

President Biden is imminently expected to sign into law the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act” (the “Act”), which will have significant, immediate ramifications for employers who have...more

Fisher Phillips

Snapshot on Manufacturing Industry: February 2022

Fisher Phillips on

Welcome to FP Snapshot on Manufacturing Industry, where we take a quick snapshot look at the most significant workplace law developments over the past month with an emphasis on how they impact manufacturers. OSHA Penalties...more

Morrison & Foerster LLP

Practical Considerations for Navigating the Upcoming Federal Ban on Predispute Arbitration and Class Action Waivers of Sexual...

On Thursday, February 10, 2022, the United States Senate passed H.R. 4445, which will amend the Federal Arbitration Act (FAA) to ban all pre-dispute arbitration agreements and class and collective action waivers covering...more

Proskauer - California Employment Law

House Passes Bill Barring “Mandatory Arbitration” in Sexual Assault and Harassment Cases

On February 7, 2022, in a 335-97 vote, the U.S. House of Representatives passed a bipartisan bill (“Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021”), which would prohibit “mandatory arbitration”...more

Jackson Lewis P.C.

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

Jackson Lewis P.C. on

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

Parker Poe Adams & Bernstein LLP

U.S. House Considers Limiting Mandatory Arbitration Agreements

Since the Supreme Court’s 2018 decision in Epic Systems v. Lewis, which deemed class action waivers in employment agreements permissible, employers have increasingly relied upon mandatory arbitration provisions to limit...more

Genova Burns LLC

When Facing a Class Action Law Suit - Don't Initiate; Just Arbitrate

Genova Burns LLC on

On Monday, a New Jersey federal judge ruled that 151 plaintiffs in a FLSA collective action against Francesca’s must arbitrate its wage and hour claims. Notably, the arbitration agreements were signed at varying points in...more

Proskauer - Law and the Workplace

5th Circuit: Arbitration Available for Employee’s Collective Action Claims

On April 16, 2020, the Fifth Circuit held that an employee is entitled to arbitrate his federal labor law claims as a collective action on behalf of his coworkers against their employer, Sun Coast Resources, Inc. (“Sun...more

Foley & Lardner LLP

Appeals Court Says No FLSA Notice for Employees Who Agree to Arbitrate

Foley & Lardner LLP on

On January 24, 2020, the U.S. Court of Appeals for the Seventh Circuit announced a new standard by which a district court should evaluate whether notice of an FLSA collective action should be sent to employees who may be...more

Akerman LLP - HR Defense

California’s Arbitration Agreement Ban on Hold

A controversial California law that would have prevented employers from requiring arbitration agreements as a condition of employment has been enjoined from taking effect by a federal district judge. Assembly Bill 51 (AB 51)...more

Laner Muchin, Ltd.

Recent Appellate Court Decision Explains How Arbitration Agreements May Mitigate The Impact Of Class Actions On Employers

Laner Muchin, Ltd. on

Valid arbitration agreements may prevent class notices from being sent to employees that would otherwise be putative class members in collective action lawsuits according to the Seventh Circuit Court of Appeals in Bigger v....more

Littler

The Seventh Circuit Rules on Whether to Send Notice in FLSA Collective Actions to Individuals with Arbitration Agreements

Littler on

On January 24, 2020, the Seventh Circuit Court of Appeals became the second federal appellate court to address whether notice of a collective action under the Fair Labor Standards Act (FLSA) may be sent to individuals who...more

Hinshaw & Culbertson LLP

New Statutory Framework Mandated for Employers Seeking to Limit Notice to Putative Class Members in an Enforceable Arbitration...

The United States Court of Appeals for the Seventh Circuit recently articulated a new statutory framework for determining whether notice to a putative plaintiff should be issued under the Fair Labor Standards Act (FLSA). At...more

Morgan Lewis

Seventh Circuit: No FLSA Collective Action Notice For Workers Subject To Individual Arbitration Agreements

Morgan Lewis on

In Bigger v. Facebook, Inc., the US Court of Appeals for the Seventh Circuit held that courts should not authorize notice of a pending Fair Labor Standards Act (FLSA) collective action to individuals who have already entered...more

Seyfarth Shaw LLP

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

Seyfarth Shaw LLP on

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

Buckingham, Doolittle & Burroughs, LLC

Minimum Wage and Overtime Law: The Most Overlooked Employment Issue of the 21st Century

The Fair Labor Standards Act regulates minimum wage and overtime due to employees. It was passed in the 1930s. It was largely forgotten until the late 1990s, when some entrepreneurial plaintiffs’ lawyers rediscovered the FLSA...more

Smith Debnam Narron Drake Saintsing & Myers,...

Congress Continues To Examine Forced Arbitration

An historic piece of legislation was passed in the U.S. House of Representatives on September 20, 2019. The Forced Arbitration Injustice Repeal (FAIR) Act, (HR 1423) was introduced by Rep. Johnson (D-GA-4). The FAIR Act...more

Franczek P.C.

NLRB Clarifies Employer Right to Require Mandatory Arbitration Agreements Following Supreme Court’s Epic Systems Decision

Franczek P.C. on

In a significant decision for employers, the National Labor Relations Board (NLRB) provided new guidance addressing the intersection of arbitration agreements and the National Labor Relations Act (NLRA). The NLRB’s recent...more

Foley & Lardner LLP

NLRB Holds That Employers May Modify Arbitration Agreements, Threaten Workers to Sign After Commencement of Class Action Lawsuit

Foley & Lardner LLP on

As we have previously written, the issue of employment arbitration agreements and their effect on class action matters has been an area of significant evolution over the years. Last week, on August 21, 2019, the National...more

Ballard Spahr LLP

NLRB: Employers Can Revamp Arbitration Agreements in Response to Collective or Class Action Suits

Ballard Spahr LLP on

The Supreme Court held last year in Epic Systems v. Lewis that mandatory arbitration agreements requiring employees to arbitrate claims against their employer on an individual—rather than on a class or collective—basis are...more

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