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For more than a few years — at least since the United States Supreme Court’s seminal 2017 decision in Epic Systems v. Lewis — employers across the country have weighed whether to have their employees sign arbitration...more
On Dec. 15, the United States Supreme Court agreed to take up what promises to be the most consequential PAGA case in nearly a decade. In Viking River Cruises, Inc. v. Moriana, No. 20-1573, the Court will decide whether...more
The U.S. Supreme Court has agreed to consider whether the Federal Arbitration Act (FAA) requires enforcement of a bilateral arbitration agreement mandating that claims be brought on an individual basis and that employees may...more
Generally, the Federal Arbitration Act (“FAA”) has routinely been enforced by the balance of the nation’s courts over the years, as it codifies accepted deference to parties’ contracts and agreements and has been held to...more
On December 15, the U.S. Supreme Court changed course and announced that it would decide whether representative claims brought under California’s Private Attorneys General Act (known as “PAGA”) can be waived by an otherwise...more
More than three years after its landmark decision in Epic Systems Corp. v. Lewis, the United States Supreme Court has granted certiorari in Viking River Cruises, Inc. v. Moriana to determine whether Epic Systems extends to...more
The U.S. House of Representatives on November 19, 2021, passed the Build Back Better Act (H.R. 5376), ambitious climate protection/social spending legislation that now awaits deliberation in the Senate. Tucked inside the...more
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
Seyfarth Synopsis: The data and analysis from workplace class action rulings, case filings, and settlements showed that change is the new normal in 2020-2021. As many pro-business precedents continued to roll out and take...more
Given the ever increasing number of wage-hour class and collective actions being filed against employers, it is no surprise that may employers have turned to arbitration agreements with class and collective action waivers as...more
In Hamlet’s Third Act, Hamlet discovers a plot against his life and resolves to counter it by letting Rosencranz and Guildenstern, whom he suspects are complicit in the plan, be "Hoist with [their] own petard," meaning, blown...more
It’s no secret that many employers have employees sign arbitration agreements with class and collective action waivers in the hopes of avoiding the massive wage-hour lawsuits that have become so prevalent in the past two...more
The California Legislature’s attempt to circumvent both the Federal Arbitration Act (“FAA”) and the Supreme Court’s landmark decision in Epic Systems by crafting a new law prohibiting California employers from requiring...more
After denying the defendants’ petitions for panel and en banc rehearing in the Blair v. Rent-a-Center appeals, the Ninth Circuit has granted their motions to stay the issuance of the Court’s mandates for 90 days pending the...more
Seyfarth Synopsis: As measured by the top ten largest case resolutions in various workplace class action categories, overall settlement numbers increased slightly in 2019, but as compared to the last several years, it was one...more
Seyfarth Synopsis: As detailed in our 2020 Workplace Class Action Litigation Report, 2019 was an interesting year for employers in terms of class certification rulings. Plaintiffs achieved the highest numbers of initial...more
Seyfarth Synopsis: The second key trend from our 16th Annual Workplace Class Action Litigation Report involves rulings by the U.S. Supreme Court. Over the past few years, the Supreme Court has issued a number of rulings that...more
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
The National Labor Relations Board (NLRB) recently provided guidance in Cordúa Restaurants, Inc., 368 NLRB No. 43, for employers seeking to require employees to sign class action and collective action waivers in arbitration...more
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
In its groundbreaking decision in Epic Systems Corp. v. Lewis, 584 US ___, 138 S. Ct. 1612 (2018), the Supreme Court held that the National Labor Relations Act permits employer/employee agreements that contain class- and...more
In 20/20 Communications, Inc. v. Crawford, the U.S. Court of Appeals for the Fifth Circuit recently ruled that the question of whether a dispute can be arbitrated on a class-wide basis is a threshold issue that is...more
May 21, 2019, marks the one-year anniversary of the U.S. Supreme Court’s decision in Epic Systems Corp. v. Lewis, which upheld the use of class action waivers in employee arbitration agreements....more
Notwithstanding the employers’ victory at the U.S. Supreme Court in Epic Systems Corp. v. Lewis, which made it clear that arbitration and class action waiver regimes do not violate the National Labor Relations Act, employers...more
More games of cat and mouse - Following the Supreme Court’s decision in Epic Systems Corp. v. Lewis, 138 S. Ct. 1632 (2018), plaintiffs have tried to come up with strategies to address the impact of arbitration agreements...more