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Supreme Court Reiterates Preemptive Effect of Federal Arbitration Act

The U.S. Supreme Court has once again reinforced its interpretation of the Federal Arbitration Act, ruling on December 14 that a California state law prohibiting class action waivers in arbitration agreements may not trump the Court’s earlier decision in favor of enforcement of arbitration agreements. In the four years since the Supreme Court’s decision in … Continue Reading

“It’s like déjà vu all over again” – Fifth Circuit Reverses NLRB, For The Second Time, Rejecting Unfair Labor Practice Finding on Class and Collective Action Waivers in Arbitration Agreements

With the World Series getting underway, Yogi Berra’s famous quote seemed like the appropriate headline for our latest update in the National Labor Relations Board’s (NLRB) D.R. Horton/Murphy Oil saga.  As we have discussed in previous blog entries, in 2012, the NLRB issued its decision in D.R. Horton, Inc., in which it held that an … Continue Reading

Unpaid Intern or Employee? Recent Decision Announces New Test for Intern Misclassification Cases

Second Circuit Court of Appeals Adopts New Test for Determining Whether Unpaid Interns Should Be Classified and Paid as Employees Unpaid internship programs have come under heightened scrutiny in recent years by the Department of Labor, the Internal Revenue Service, and other regulatory agencies, as well been the subject of a number of high-profile lawsuits. … Continue Reading

NLRB’s Isolated Position on Class and Collective Action Waivers Takes Another Hit

Fifth Circuit Rejects NLRB’s En Banc Hearing Request, Setting Up Likely Denial of Enforcement in Murphy Oil, USA  In its 2012 decision in D.R. Horton, Inc., the National Labor Relations Board (NLRB) held that employers that require employees to agree to arbitrate employment-related claims, and to do so only on an individual basis, waiving the … Continue Reading

NLRB Says Employer’s $900,000 Private Settlement Is Insufficient to Escape Unfair Labor Practice Proceeding

Readers of our blog are well aware of the National Labor Relations Board’s position that agreements between employers and employees to resolve employment-related claims on an individual basis through binding arbitration, and which thereby waive or prohibit the bringing of such claims on a class or collective action basis, violate the guarantee in Section 7 … Continue Reading

Class Actions Threaten “On-Demand” Industry—Uber and Lyft in Glare of Unwelcome Spotlight

The explosion in the development of smartphone applications has allowed for all sorts of new businesses to pop up—personal shoppers (Instacart), restaurant delivery (GrubHub) and private chauffeurs (Uber and Lyft).  We, as consumers, now have instant access to goods and services we didn’t even know we needed.  This new boom has even earned its own … Continue Reading

United States Supreme Court Declines to Review California Supreme Court Decision Erecting Barriers Against Arbitrating Private Attorneys General Act Claims

On January 20, the United States Supreme Court denied a motion for certiorari filed by CLS Transportation which was appealing the California Supreme Court’s decision in Iskanian v. CLS Transportation, about which we blogged in June. While Iskanian generally vindicated employers’ right to enforce class action bans in arbitration agreements, the California Supreme Court distinguished … Continue Reading

Employees of New York City Strip Club Dance Off With $10M

On November 14, 2014, a New York federal judge awarded over $10 million in back pay wages to about 2,000 current and former exotic dancers in a class action lawsuit brought against Rick’s Cabaret for unpaid wages from 2005-2012.  This recent order awarding damages to the dancers is a furtherance of the Court’s September 2013 holding … Continue Reading

$324.5 million is Not Enough

United States District Judge Lucy Koh, sitting in San Jose, refused to approve a $324.5 million settlement in a case pitting a class of engineers against high tech giants Adobe Systems, Apple, Google and Intel. The engineers’ claims in the case captioned, In re: High-Tech Employee Antitrust Litigation, stem from a 2010 U.S. Department of … Continue Reading

US Appeals Court Says Collective Action Waiver in Separation Agreement Unenforceable As Improper Limit on FLSA Rights

As we’ve reported here and here, recent decisions from the US Supreme Court, federal appellate courts, and more recently, even the California Supreme Court (see here) have clarified that class and collective action waivers in arbitration agreements, including those that waive employees’ right to bring a claim under the federal Fair Labor Standards Act (FLSA) … Continue Reading

US California Supreme Court Says Class Action Waivers in Arbitration Agreements Okay, but No Waiver of Private Attorneys General Act Claims

In a long-awaited decision that employers hoped would clarify the enforceability of arbitration agreements under California law, the California Supreme Court in Iskanian v. CLS Transportation [PDF] split on the two issues before it.  The California high court held that class action waivers in arbitration agreements are enforceable but that waivers of claims under the … Continue Reading

Wages claim exposes cheerleaders’ relations with players

Following on from Ellen Inglis’ piece on Kerry Miller, the Burton Albion Football Club administrator who sent ‘sexy selfies’ to players half her age, comes a tale from ‘football’ on the other side of the Atlantic, of players, cheerleaders, rules and mild condescension. The Oakland Raiders, with their skull and crossbones logo and rabid fans, … Continue Reading

U.S. Supreme Court Upholds Class Action Waiver in Arbitration Agreement

In a much anticipated follow-up to its 2011 decision in AT&T Mobility, LLC v. Concepcion, the U.S. Supreme Court held that a class action waiver in a commercial arbitration agreement between American Express and merchants who accept its charge cards is enforceable under the Federal Arbitration Act, even if the costs the individual merchants would … Continue Reading

Rigorous Analysis Required For Class Certifications

Recently, the Supreme Court reinforced that in class action litigation, the courts must undertake a rigorous analysis of the Federal Rule’s prerequisites in certifying a class of litigants.    As previously reported here, the Supreme Court addressed this issue in Wal-Mart Stores, Inc. v. Dukes in 2011.  In Dukes, the Supreme Court noted that trial courts … Continue Reading
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