Minimum Wage, Arbitration Agreements, Class Action

Ninth Circuit Clarifies FLSA Collective Action Certification and Jurisdiction

Perkins Coie on 7/8/2025

Key Takeaways - - The Ninth Circuit reaffirmed the “near-universal” two-step process for managing FLSA collective actions. - The Ninth Circuit held that district courts are not required to conclusively determine...more

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

Kohrman Jackson & Krantz LLP on 7/10/2023

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

U.S. Supreme Court upholds arbitration agreements, even in PAGA actions

Constangy, Brooks, Smith & Prophete, LLP on 6/16/2022

SCOTUS gives California employers a break. Many California employers can breathe more easily because claims under the California Private Attorneys General Act can no longer be used to circumvent employee agreements to...more

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

Buckingham, Doolittle & Burroughs, LLC on 12/3/2019

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

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

Ballard Spahr LLP on 8/25/2019

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

What Can Employers Expect in 2019?

FordHarrison on 1/18/2019

Despite the current U.S. government shutdown, many aspects of the federal government continue to operate, including the federal court system. This Alert highlights some of the legal, legislative and administrative...more

March Misclassification Madness: Misclassification Updates in the Gig Economy

Fisher Phillips on 3/16/2018

Many of you likely have filled out your March Madness bracket, and are eagerly watching game after game hoping your bracket doesn’t bust. The gig misclassification game is experiencing a March Madness of its own. The debate...more

Unless the U.S. Supreme Court Rules Otherwise, Waivers of Collective Actions Are Not Enforceable in New York

Patterson Belknap Webb & Tyler LLP on 7/27/2017

On July 18, 2017, the First Department partially reversed the Commercial Division’s decision in Gold v. New York Life Insurance Company, No. 653923/12, 2017 BL 247192 (App. Div. 1st Dep’t July 18, 2017), a case that presented...more

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

Franczek P.C. on 7/25/2017

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

Fenwick Employment Brief

Fenwick & West LLP on 1/21/2017

California Legislative Update - In the latter half of 2016, California Governor Jerry Brown signed numerous bills into law. Below is a summary of those laws that will affect California employers in 2017 and beyond. ...more

I’m Dreaming of a White Collar: 2015 Year in Review

Seyfarth Shaw LLP on 12/24/2015

‘Twas the week before Christmas, 2-0-1-5 When the poetry elves on the blog came alive. Crafting their rhymes with a purpose so clear: Presenting the wage-hour gems of the year....more

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