News & Analysis as of

Wage and Hour Class Arbitration

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

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

Seyfarth Shaw LLP

5 Key Trends In Workplace Class Action Litigation For 2019: Trend #1 Class Certification Trends In 2019

Seyfarth Shaw LLP on

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

Jackson Lewis P.C.

U.S. Supreme Court Roundup – 2018-2019

Jackson Lewis P.C. on

The U.S. Supreme Court term that ended in June 2019 included decisions on many topics important to workplace law, including class actions, arbitration, and administrative exhaustion and Title VII claims. ...more

Fisher Phillips

Web Exclusive: April 2019: The Top 16 Labor And Employment Law Stories

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Jackson Walker

The Labor and Employment Horizon—2019

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If there has been one constant in employment law over the last generation, it is change. The forecast for 2019 is no different. In Congress, the Supreme Court, and the Texas Legislature, employers can expect developments that...more

K&L Gates LLP

Expounding on Arbitrability: The Seventh Circuit Joins the Growing Ranks of Circuit Courts Finding that Courts Presumptively...

K&L Gates LLP on

The U.S. Supreme Court has issued numerous decisions over the past decade addressing arbitration agreements. In one of the Roberts Court’s first forays into the arbitration arena, the Court held that class or collective...more

BakerHostetler

Yet Another Opinion Addresses the Availability of Class or Collective Arbitration and Whether It Is a ‘Gateway Issue’ for the...

BakerHostetler on

We didn’t expect to be discussing class or collective arbitration issues so soon, but we have repeatedly underestimated the resilience of these aggregate arbitration questions. Hopefully, the upcoming Lamps Plus, Inc. opinion...more

Mintz - Arbitration, Mediation, ADR...

Class Arbitration: Contractual “Crickets” Are Sufficient for Ninth Circuit to Determine That Class Arbitration Is Permitted,...

When is “silence” in an arbitration clause concerning class arbitration not “Stolt-Nielsen silence”? And what is the difference between a “claim” and a “procedure”? The Ninth Circuit seemingly took hair-splitting to a new...more

Manatt, Phelps & Phillips, LLP

Employment Law - August 2016

Arbitrator or Judge? California Supreme Court Weighs in - Why it matters - Yet again, the California Supreme Court considered arbitration in the context of an employment agreement, this time reflecting on whether a...more

Alston & Bird

Class Action Round-Up: Summer 2015

Alston & Bird on

The big news this quarter is the U.S. Supreme Court’s acceptance of Tyson Foods, Inc. v. Bouaphakeo, an employment case likely to have major ramifications across the whole spectrum of class action litigation. The Court is set...more

BakerHostetler

Following the Sixth Circuit’s Lead, Ohio Appellate Courts Find Whether an Agreement Allows Class Arbitration Is a “Gateway Issue”

BakerHostetler on

As we stated previously, the potential impact of whether entitlement to class arbitration is a “gateway issue” will likely diminish with each passing year. (See our March 12, 2015, blog article on the denial of certiorari in...more

Carlton Fields

NLRB Finds Mandatory Arbitration Clause Unenforceable

Carlton Fields on

An administrative law judge for the National Labor Relations Board (“Board”) found in favor of Talina Torres (“Torres”) against Employers Resource (“Employers”) after determining that an arbitration clause within an...more

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