Searching Content indexed under Litigation, Mediation & Arbitration by Michael Arnold ordered by Published Date Descending.
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Fourth Circuit Offers New Test For Joint Employment Under FLSA
The Fourth Circuit recently ruled that a general contractor was the joint employer of employees of its subcontractor for purposes of the Fair Labor Standards Act.
United States
22 Feb 2017
Can Employers Include Class/Collective Action Waivers In Arbitration Agreements? Supreme Court To Decide.
On Friday, the Supreme Court agreed to decide the issues of whether employers may include class/collective action waivers in their arbitration agreements.
United States
17 Jan 2017
Where Are We With The Enforceability Of Class Action Waivers In Arbitration Agreements?
The circuit split widened over the issue of whether employers can require employees, through an arbitration agreement, to waive their rights to bring class or collective actions against their employer.
United States
22 Nov 2016
Another Employee-Friendly Law: New California Law Aims To Keep Employment-Related Disputes Centered In California
Beginning next year, employers may no longer force their California employees to resolve their employment-related disputes outside of California or use non-California law when doing so.
United States
15 Oct 2016
California Federal Court Reminds Employers That They Must Carefully Navigate Disability Accommodation Process
Thomsen v. Georgia-Pacific Corrugated, LLC involved a plaintiff who returned to work after shoulder surgery with a 30-pound lifting restriction.
United States
21 Jul 2016
Business Insurance: Injury Records Rule May Lead To More Citations
My colleague Alta Ray, was quoted in a Business Insurance article entitled, Injury Records Rule May Lead to More Citations in which she provides steps for employers to avoid retaliation against employees who report workplace injuries.
United States
8 Jul 2016
Does An Employer Have To Accommodate A Nondisabled Employee Because Of Another's Disability? Yes, Says One California State Appellate Court
Last month, a California state appellate court issued a decision that, as the dissent characterized, went "where no one has gone before."
United States
19 May 2016
Pescetarian's Delight: Ninth Circuit Extends Non-Compete Term Beyond Contractual Period
The Ninth Circuit inferred from Oregon law and equitable principles espoused by courts in a variety of jurisdictions that it had inherent equitable power to extend the term of the non-compete covenant in the agreement at issue.
United States
17 May 2016
Clearly Defining The Essential Functions Of The Job Can Make Or Break An ADA Case
As a recent federal appellate decision confirmed, the Americans with Disabilities Act does not require employers to always accommodate a disabled employee.
United States
17 May 2016
Uber Aims To Settle Two Class Actions; Approximately 385,000 Uber Drivers In California And Massachusetts To Remain Independent Contractors – At Least For Now
Last Thursday, Uber settled two closely-watched class actions contesting Uber's classification of approximately 385,000 drivers in California and Massachusetts as independent contractors as opposed to employees.
United States
28 Apr 2016
SHRM: Justices Question Whether EEOC Should Pay $4.7M In Attorney Fees
My colleague David Barmak, was quoted in a SHRM article entitled, Justices Question Whether EEOC Should Pay $4.7M in Attorney Fees.
United States
7 Apr 2016
The Supreme Court's Tyson Foods Ruling And Employee Class Actions
The US Supreme Court ruled Tuesday that Tyson Foods employees can use representative evidence to establish liability and damages for class certification purposes.
United States
4 Apr 2016
Taking An Evidentiary Approach, The Supreme Court Rules That Employees Can Use Representative Samples To Establish Classwide Liability And Damages, But It Leaves Open Question Of Whether Classes Can Include Uninjured Class Members
The United States Supreme Court ruled Tuesday that Tyson Foods employees could use representative evidence to establish liability and damages for class certification purposes.
United States
4 Apr 2016
New York Federal Court Ruling May Breathe New Life Into Employment Class Action Pick-off Strategy; Addresses Supreme Court's Gomez Decision
Is the pick-off strategy to moot class actions still alive in the Southern District of New York? Possibly.
United States
31 Mar 2016
New York Federal Court Judge Expresses Dismay Over NYC Human Rights Law Claim Legal Standard
Sometimes a judge says what many of us are already thinking. In Rivera v. Crowell & Moring L.L.P., Katherine B. Forrest was that judge.
United States
16 Mar 2016
Employer Not Responsible For Employee Defaming Customer On Facebook
In Howard v. Hertz Global Holdings, Inc., a Hawaiian Federal Court found that Hertz Rent-a-Car could not be held responsible for its employee's Facebook comments about one of its customers.
United States
13 Mar 2016
Pick-Off Strategy Via A Rule 68 Offer Of Judgment Suffers Stinging Defeat In The Supreme Court; But Can An Actual Payment To The Plaintiff Do The Trick?
An unaccepted Rule 68 Offer of Judgment for complete relief does not moot a plaintiff's individual and class action claims said the Supreme Court on Wednesday.
United States
25 Jan 2016
Uber Class Action Update: Court Finds Arbitration Agreement Unenforceable And Broadens Class Of Drivers
The Uber saga continues in O'Connor v. Uber Technologies, Inc. – a closely watched case that will impact the future of the gig economy.
United States
23 Dec 2015
Ninth Circuit Won't Review Uber Driver Class Certification Decision
The sharing or gig economy has introduced a new management paradigm for companies, more flexible schedules for workers, and a greater level of convenience and accountability to consumers.
United States
24 Nov 2015
Corporate Counsel: Circuit Court Backs NLRB On Social Media Conduct, Voids Handbook Provision
My colleague, Don Schroeder, was quoted in the Corporate Counsel article, Circuit Court Backs NLRB on Social Media Conduct, Voids Handbook Provision...
United States
12 Nov 2015
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