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Searching Content indexed under Employment Litigation/ Tribunals by John Lewis ordered by Published Date Descending.
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1
Recent Decisions Don't Provide Useful Guidance On Tests For The FAA Exemption Of Transportation Workers
Sometimes being right is not a virtue, especially when it comes to the Federal Arbitration Act ง 1 exemption. We predicted uncertainty after the New Prime v. Oliveira decision and got it.
United States
15 May 2019
2
[Gasp!] Epic Systems Decision Applies To FLSA Claims
No shocking outcome here. In Gaffers v. Kelly Services, Inc., Case No. 16-2210 (6th Cir. Aug. 15, 2016), the Sixth Circuit held that the Supreme Court's decision in Epic Systems v. Lewis, 138 S. Ct. 1632 (2018) [which we blogged here] applies to claims under the Fair Labor Standards Act (FLSA).
United States
24 Aug 2018
3
The Ninth Circuit Rules That Both An Arbitrator And A Trial Court May Have A Role In A Case With Individual And PAGA Claims
Employers, plaintiffs, and courts continue to grapple with the difficult issue of the interplay between the California Private Attorneys General Act ("PAGA") and arbitration agreements.
United States
1 Dec 2017
4
Digging In Its Heels: Disputing The DOJ's Position, The NLRB Remains Defiant In Supreme Court Brief That Individual Arbitration Agreements Violate Employee Rights Under The NLRA
On August 9 the National Labor Relations Board (NLRB or Board) filed its responsive brief in one of three cases before the Supreme Court that may determine the future validity of individual arbitration...
United States
18 Aug 2017
5
California Supreme Court Denies Sequenced Discovery In Representative PAGA Action
On July 13, 2017, the California Supreme Court rejected lower court holdings that limited an employee's ability to secure statewide employee contact and employment information in a representative...
United States
25 Jul 2017
6
Arbitration Of PAGA Claims: Another California Divide Emerges
In a March 8, 2017, article, we talked about how the Ninth Circuit Court of Appeals compelled the arbitration of a California Private Attorney General Act (PAGA) representative claim in Valdez v. Terminix International Co., L.P.
United States
13 Apr 2017
7
Justices To Consider Arbitration Agreements With Class Waivers – The End Of The Beginning?
Apologies to Winston Churchill, but the conflict over the enforcement of arbitration agreements with class waivers has become an ongoing legal and ideological struggle.
United States
23 Jan 2017
8
California Enacts Laws Aimed At Choice Of Law Provisions In Arbitration Agreements And The Conduct Of Arbitral Proceedings
Given California's past resistance to mandatory arbitration agreements with class action waivers, it should come as no surprise that the state has now enacted two laws primarily directed at arbitration.
United States
3 Oct 2016
9
Following Precedent: Second Circuit Reaffirms Position Upholding Arbitration Agreements With Class Action Waivers
The Second Circuit followed its earlier precedent in Patterson v. Raymours Furniture Co. enforcing an EAP that requires employees to submit their employment and compensation claims to individual arbitration.
United States
9 Sep 2016
10
Reining In Individual Arbitration – Ninth Circuit Rules Class Waivers Unenforceable
In a 2-1 ruling, the Ninth Circuit became the second federal court of appeals to agree with the NLRB position that the NLRA prohibits class action waivers in employees' arbitration agreements.
United States
30 Aug 2016
11
Eighth Circuit Stays The Course In The Cellular Sales Of Missouri Opinion, Rejecting The NLRB's Arguments Against Class Waivers
Following in the wake of an earlier opinion, the Eighth Circuit rebutted the National Labor Relations Board's ("Board") arguments...
United States
10 Jun 2016
12
Lewis v. Epic Systems Opinion – Seventh Circuit Swimming Against The Tide On Mandatory Individual Arbitration
In a sweeping May 26 opinion, the U.S. Court of Appeals for the Seventh Circuit shook up the arbitral landscape and created a remarkable circuit split regarding the enforceability of arbitration agreements...
United States
6 Jun 2016
13
Collado v. J & G Transport, Inc. – When A Waived Right To Arbitrate Is Revived
Some may have thought that once waived, the right to arbitrate is gone forever. No so! The Eleventh Circuit decision in Collado v. J & G Transport, Inc., No. 15-14635 is but the latest example.
United States
27 Apr 2016
14
Tyson Foods, Inc. V. Bouaphakeo: The Supreme Court Produces A Narrow Holding Involving FLSA Precedent And Rule 23 Principles
Employees have been bringing wage-and-hour collective actions since long before class procedures were officially integrated into the Federal Rules of Civil Procedures in 1966.
United States
4 Apr 2016
15
The Fifth Circuit Addresses An Issue That Refuses To Die: Who Determines Whether Class Or Collective Arbitration Is Available?
We opined on several occasions that cases dealing with a party's entitlement to class or collective arbitration were a dying breed because of the increased use of class action waivers.
United States
4 Apr 2016
16
The Next Chapter – Uber Responds To District Court Order With A New Arbitration Agreement
Not only did Uber respond to the district court's December 9, 2015, ruling (discussed in our December 11 blog) with an immediate notice of appeal, but on December 11 it rolled out a new arbitration agreement for its drivers.
United States
22 Dec 2015
17
District Judge Rules Uber's Arbitration Agreements Unenforceable On Public Policy Grounds
On September 2, we addressed the much-publicized O'Connor v. Uber Technologies, Inc. case (No. 13-cv-03826-EMC) pending before the U.S. District Court for the Northern District of California.
United States
17 Dec 2015
18
Justices Take On Another California Rule – When An Arbitration Agreement Is Too Flawed To Enforce
The U.S. Supreme Court has agreed to review whether the Federal Arbitration Act (FAA) preempts a California state court rule on unconscionable provisions that is purportedly applied more stringently to arbitration agreements than to other contracts.
United States
14 Oct 2015
19
PAGA In The News – Ninth Circuit Sides With California Supreme Court On Enforcement Of PAGA Waivers And California Amends The Statute
Delivering a perhaps unexpected blow to employers, the Ninth Circuit sided with the California Supreme Court earlier this week in upholding the state-court-fashioned Iskanian rule...
United States
13 Oct 2015
20
Following The Sixth Circuit's Lead, Ohio Appellate Courts Find Whether An Agreement Allows Class Arbitration Is A "Gateway Issue"
As we stated previously, the potential impact of whether entitlement to class arbitration is a "gateway issue" will likely diminish with each passing year.
United States
15 Sep 2015
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