News & Analysis as of

Mandatory Arbitration Clauses Fair Labor Standards Act (FLSA) Class Action Arbitration Waivers

K&L Gates LLP

U.S. Supreme Court to Address Prejudice Requirement for Waiver of Arbitration Agreements

K&L Gates LLP on

Agreements to submit disputes to arbitration are commonplace, with parties attempting to avoid the time, cost, and publicity involved in litigating disputes in court. To facilitate these aims, the Federal Arbitration Act (the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

NLRB Clarifies Use of Mandatory Arbitration Post-Epic Systems

On August 14, 2019, the National Labor Relations Board (NLRB) issued a ruling clarifying several mandatory arbitration issues following the 2018 decision by the Supreme Court of the United States in Epic Systems Corp. v....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

Ballard Spahr LLP

Sixth Circuit Continues To Expand Class Action Waivers, Following Supreme Court's Lead

Ballard Spahr LLP on

The U.S. Supreme Court's ruling in Epic Systems Corp. v. Lewis was extended by the U.S. Court of Appeals for the Sixth Circuit last week in Gaffers v. Kelly Services, Inc. ...more

Carlton Fields

Eleventh Circuit Reverses NLRB Order, Enforcing Individualized Arbitration Clause In Employee Agreement

Carlton Fields on

A pizza delivery driver employed by Domino’s Pizza franchisee Cowabunga Inc. filed a collective action under the Fair Labor Standards Act with the National Labor Relations Board. ...more

BakerHostetler

The Fourth Circuit Refuses to Enforce Arbitration Clause and Class Action Waiver in Employment Contracts

BakerHostetler on

As we have previously written, several Supreme Court decisions have upheld, in various contexts, arbitration agreements that waive the right to assert claims on a class basis. See, e.g., AT&T Mobility LLC v. Concepcion, 563...more

Franczek P.C.

Arbitrator Must Rule on Independent Contractor Status of Uber Drivers in Class-Action Notwithstanding NLRA Bar to Class Action...

Franczek P.C. on

Last week, a U.S. District Court Judge in Illinois ruled that an arbitration agreement signed by an Uber driver required arbitration on the issue of whether Uber drivers are employees or independent contractors before the...more

Troutman Pepper

February 2017 Independent Contractor Misclassification and Compliance News Update

Troutman Pepper on

Four of the eight court cases we report on below in our February 2017 monthly update of IC misclassification cases involve Uber, and each of those cases were victories for the ride-sharing, on-demand company. Although none of...more

McNees Wallace & Nurick LLC

The Other Shoe Drops (sort of): The Third Circuit Issues a Ruling on Class Arbitrability

In 2010, two employees filed a claim against their former employer, Robert Half International, Inc., alleging that it violated the Fair Labor Standards Act (“FLSA”). In addition to individual claims, the plaintiffs brought a...more

Troutman Pepper

November 2016 Independent Contractor Misclassification and Compliance News Update

Troutman Pepper on

Our news update for last month highlights the fact that IC misclassification lawsuits are happening across the country and in virtually every industry, both in the on-demand economy and in more traditional business sectors....more

Littler

With the Election (Mercifully) Behind Us, What Will a Trump Administration Mean for Employers?

Littler on

The 2016 Presidential election was arguably the most contentious, unpredictable, and politically polarizing race in this nation's history. The contours of the electoral map changed by the hour in the days leading up to...more

Proskauer - California Employment Law

California Employment Law Notes - September 2016

Ninth Circuit Strikes Down Employer's Class Action Waiver - Morris v. Ernst & Young, LLP, 2016 WL 4433080 (9th Cir. 2016) - As a condition of employment, Stephen Morris and Kelly McDaniel were required to sign...more

Lewitt Hackman

The Curious Case of Employment Arbitration Agreements

Lewitt Hackman on

Oh boy, what a year 2016 is shaping up to be! Employers faced some daunting changes to: Sick Leave, California Minimum Wage, the DOL final rule re salary thresholds and now – class action waivers. We feel like doing a Liz...more

Allen Matkins

Ninth Circuit Strikes Down Class Action Waivers In Employment Arbitration Agreements

Allen Matkins on

On August 22, 2016, the U.S. Court of Appeals for the 9th Circuit (which covers California) struck down a "concerted action waiver" (i.e., a waiver of class, collective or other group actions) in an arbitration agreement....more

Seyfarth Shaw LLP

And Now There Are Two: The Ninth Circuit Strikes Class Arbitration Waivers Joining the Seventh Circuit on Finding that these...

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Ninth Circuit joined the Seventh Circuit and the NLRB in finding that mandatory arbitration agreements that require all claims to be brought by employees on an individual basis violate the NLRA. On...more

FordHarrison

Eighth Circuit Weighs in On Legality of Class Action Waivers

FordHarrison on

On June 2, 2016, a three-judge panel of the U.S. Court of Appeals for the Eighth Circuit held that an arbitration agreement containing a class action waiver was lawful under the National Labor Relations Act (NLRA). Cellular...more

Littler

Seventh Circuit Finds Class Action Waivers in Arbitration Agreements are Illegal and Unenforceable under the NLRA

Littler on

On May 26, 2016, the U.S. Court of Appeals for the Seventh Circuit issued its decision in Lewis v. Epic-Systems Corp., finding that the company's arbitration agreement, which prohibits employees from participating in “any...more

BakerHostetler

Eighth Cicuit: FLSA Does Not Preclude Enforcement of Class Action Waiver

BakerHostetler on

In a significant victory for employers, the Eighth Circuit, in Owen v. Bristol Care Inc., No. 12-1719, overturned a Missouri district court ruling that class action waivers were unenforceable in FLSA cases....more

FordHarrison

Legal Alert: Eighth Circuit Requires Arbitration Of FLSA Claim And Rejects Board Decision In D.R. Horton

FordHarrison on

The Eighth Circuit recently upheld the validity of a mandatory arbitration agreement containing a class action waiver and ordered the arbitration of an employee's collective action under the Fair Labor Standards Act. See...more

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