News & Analysis as of

Class Action › Arbitration Agreements › Opt-Outs

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.
Fisher Phillips

The First Wave of CCPA Class Action Litigation

Fisher Phillips on

California’s all-inclusive privacy law, the California Consumer Privacy Act (CCPA), which took effect on January 1, 2020, has already been cited in numerous lawsuits. Over this next year, employers are likely to see lawsuits...more

Carlton Fields

Opt-Out Arbitration Program Binds Employees in Wage and Hour Class Action

Carlton Fields on

A recent decision by a Wisconsin district court illustrates the impact of an arbitration agreement on class actions. The plaintiffs alleged violations of the Fair Labor Standards Act (FLSA) and state wage and overtime laws...more

Seyfarth Shaw LLP

Uber Epic: Arbitration Agreement Topples Class Claims

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Ninth Circuit, following the Supreme Court’s 2018 decision in Epic Systems Corp. v. Lewis, has upheld the validity of class-action waivers in Uber’s arbitration agreement, and has held that a named...more

Ballard Spahr LLP

Ninth Circuit Champions FAA Preemption Over Georgia Decision

Ballard Spahr LLP on

While the U.S. Court of Appeals for the Ninth Circuit has often found that state limitations on arbitration agreements are not in conflict with the Federal Arbitration Act (FAA), a recent ruling there confirms that...more

Fisher Phillips

Epic Win: Supreme Court Saves Employment Arbitration As We Know It

Fisher Phillips on

To the relief of employers across the country, the Supreme Court today ruled in a 5-to-4 decision that class action waivers in employment arbitration agreements do not violate the National Labor Relations Act (NLRA) and are,...more

Mintz - Arbitration, Mediation, ADR...

Is “Class Arbitration” an Oxymoron — Another Shoe Drops in the Second Circuit

Mintz - Arbitration, Mediation, ADR... on

In a series of articles over the past several months, we asked whether “class arbitration” — meaning the utilization of the Fed.R.Civ.P. 23 class action protocol in an arbitration proceeding — is ultimately viable in U.S....more

Littler

NLRB's General Counsel Issues Memo on Arbitration Issue Pending at Supreme Court

Littler on

As a result of the Supreme Court’s recent decision to grant certiorari and address the dispute over whether class and collective action waivers are lawful in an arbitration agreement, many employers have asked whether similar...more

Akerman LLP - HR Defense

Opt-Out Clauses May Help Some Employers Opt In To Individual Arbitration

Akerman LLP - HR Defense on

Ironically, giving employees the right to decline to resolve their employment claims in binding arbitration may actually help employers enforce arbitration agreements in some parts of the country....more

Stinson LLP

Ninth Circuit Finds That Requiring Employees to Sign Class Action Waivers Violates the NLRA

Stinson LLP on

In a recent opinion, Morris v. Ernst & Young, the Ninth Circuit Court of Appeals followed the Seventh Circuit and held that employers violate the National Labor Relations Act (NLRA) when they require employees to sign an...more

Bryan Cave Leighton Paisner

Bryan Cave Files Amicus Brief On Behalf of GBA in Overdraft Case

Bryan Cave Leighton Paisner on

Byran Cave filed an amicus brief on behalf of the Georgia Bankers Association and the Georgia Chamber of Commerce in the Bickerstaff v. SunTrust Bank litigation currently pending before the Georgia Supreme Court in which a...more

Ballard Spahr LLP

Further Thoughts on the St. John’s Consumer Arbitration Study

Ballard Spahr LLP on

Jeff Sovern, through his Consumer Law & Policy Blog, recently responded to our criticism that the St. John’s study didn’t include arbitration provisions with opt-out features. Jeff makes the point that since consumers don’t...more

Franczek P.C.

NLRB Administrative Law Judge Expands D.R. Horton; Strikes Down Arbitration Agreement With Opt-Out Provision

Franczek P.C. on

As we previously reported, in D.R. Horton, the NLRB held that a mandatory arbitration agreement that waives employees’ rights to participate in class or collective actions is unlawful under the National Labor Relations Act...more

12 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide