Wage and Hour, Putative Class Actions, Federal Arbitration Act

Employers Beware: Lessons from Sanders v. Superior Court of Los Angeles County

Ervin Cohen & Jessup LLP on 6/10/2025

In the recent decision in Sanders v. Superior Court of Los Angeles County, the California Court of Appeal reinforced the consequences for employers who fail to timely pay arbitration fees in employment disputes....more

Sixth Circuit Holds Validity of Employee’s Electronic Signature Creates Issue of Fact, Reverses Order Compelling Arbitration

Carlton Fields on 8/16/2023

In Bazemore v. Papa John’s U.S.A. Inc., the Sixth Circuit Court of Appeals considered the plaintiff’s appeal of an order granting the defendant’s motion to compel arbitration and to dismiss the plaintiff’s complaint brought...more

The Long And Winding Road: Ninth Circuit Exempts Last-Leg Drivers From Arbitration Under The Federal Arbitration Act

Seyfarth Shaw LLP on 8/14/2023

Seyfarth Synopsis: The Ninth Circuit recently extended the scope of which transportation workers are exempt from arbitration under the Federal Arbitration Act (“FAA”). In Carmona Mendoza v. Domino’s Pizza, LLC, – F.4th –,...more

Uber Drivers Cannot Bring Class Action for Employment Claims

Ervin Cohen & Jessup LLP on 5/4/2023

In a matter of first impression, a panel for the Third U.S. Circuit Court of Appeals recently affirmed a judgment of the District Court of New Jersey in Singh v. Uber Techs., Inc. (April 26, 2023), compelling arbitration in a...more

Massachusetts Highest Court Holds Grubhub Drivers Are Not Exempt from Arbitration under FAA

Nutter McClennen & Fish LLP on 12/15/2022

In Archer, et al. v Grubhub, Inc., the Massachusetts Supreme Judicial Court (SJC) ruled that § 1 of the Federal Arbitration Act (FAA) applies to Grubhub delivery drivers. The plaintiffs, former delivery drivers for Grubhub,...more

Text, Context, and Canons: Inside a Unanimous Supreme Court Decision

Venable LLP on 6/13/2022

The end of the Supreme Court's term usually brings divided decisions. But in Southwest Airlines Co. v. Saxon, the whole Court agreed on both the result and the reasoning in a trim 11 pages....more

Supreme Court Resolves Whether an Airline Ramp Supervisor Falls Within the Transportation Worker Exemption of the FAA

BakerHostetler on 6/9/2022

For years courts have been struggling to determine the proper application of the Section 1 exemption of the Federal Arbitration Act (FAA). See 9 U.S.C. § 1. Now the U.S. Supreme Court has brought some clarity to the analysis....more

Supreme Court of the United States Issues Important Decision on the Federal Arbitration Act

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/7/2022

On June 6, 2022, the Supreme Court of the United States ruled that airline cargo loaders are exempt from the Federal Arbitration Act (FAA) under the statute’s “transportation worker” exemption. In Southwest Airlines Co. v....more

Supreme Court Decides Southwest Airlines Co. v. Saxon

Faegre Drinker Biddle & Reath LLP on 6/7/2022

On June 6, 2022, the U.S. Supreme Court decided Southwest Airlines Co. v. Saxon, No. 21-309, holding that a Southwest Airlines employee whose work involved loading and unloading cargo from planes that travel across state...more

Class Actions Quarterly Update: Labor and Employment

ArentFox Schiff on 1/7/2021

Garner v. Inter-State Oil Co., 52 Cal.App.5th 619, Cal. App. 3 Dist., June 26, 2020, as modified (Jul 23, 2020) - Plaintiff filed a class action alleging that his employer, Inter-State Oil Co., violated a variety of wage...more

Third Circuit Vacates Order Compelling Uber Driver to Arbitrate

Cozen O'Connor on 9/19/2019

Jaswinder Singh filed a putative class action against Uber Technologies, Inc. (Uber) in New Jersey Superior Court, arguing that the Uber employment contract improperly classified plaintiff and other drivers as independent...more

Food and Beverage Law Update: June 2018

Holland & Knight LLP on 6/12/2018

Wage and Hour - Decision Upholds Class Action Waivers in Arbitration Clauses, Resolves Circuit Split - The U.S. Supreme Court issued a long-awaited decision in Epic Systems Corp. v. Lewis on May 21, 2018, holding that...more

New York Appellate Court Sides Against The Second Circuit And Holds Class Action Waivers Violate The NLRA

Carlton Fields on 8/7/2017

Plaintiffs, former insurance agents for defendants New York Life Insurance Company and its related companies, brought a putative class action seeking recovery for allegedly illegal wage deductions and violations of overtime...more

First Circuit Applies FAA Transportation Worker Exception to Independent Contractors

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/8/2017

The First Circuit Court of Appeals, in a case of first impression, recently issued an important ruling that will have a major impact on transportation companies using arbitration agreements in the states and territories...more

Down The Arbitration Rabbit Hole: Ninth Circuit Refuses To Enforce Employee’s Waiver Of PAGA Claims

Orrick - Employment Law and Litigation on 10/8/2015

On September 28, 2015, the Ninth Circuit held in Shukri Sakkab v. Luxottica Retail North America, Inc. that the FAA does not preempt the rule that the California Supreme Court enunciated in Iskanian v. CLS Transportation that...more

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