Matthew Korn

Matthew Korn

Fisher Phillips

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SCOTUS to Review Critical Arbitration Case: 3 Questions for Employers to Consider

Employers that face lawsuits from employees often seek to move such claims from the courthouse to arbitration. But what happens if the trial court refuses to compel arbitration and the employer appeals the decision? Should...more

1/3/2023  /  Arbitration , Arbitration Agreements , Class Action , Coinbase , Corporate Counsel , Employer Liability Issues , Employment Litigation , Motion to Compel

5 Key Takeaways for Employers as #MeToo-Inspired Bill to Limit Arbitration of Sexual Harassment Claims Passes House with...

Despite being described as “more deeply divided than ever,” Congress is poised to pass a #MeToo-inspired bill with bipartisan support that would prevent employers from enforcing pre-dispute arbitration agreements without the...more

2/10/2022  /  Arbitration , Arbitration Agreements , Employment Litigation , Mandatory Arbitration Clauses , Proposed Legislation , Sexual Assault , Sexual Harassment

Federal Appeals Courts Add to Employers’ Confusion by Disagreeing on Whether to Dismiss Out-of-State Plaintiffs in FLSA Collective...

Over the past several years, many federal courts have weighed in on whether a key Supreme Court decision requires them to dismiss non-resident opt-in plaintiffs in federal wage and hour collective actions, and there is now...more

2/10/2022  /  Appeals , Bristol-Myers Squibb Co v Superior Court of California - San Francisco County , Collective Actions , Dismissals , Due Process , Employment Litigation , Fair Labor Standards Act (FLSA) , Federal Rules of Civil Procedure , Fifth Amendment , Forum Shopping , Fourteenth Amendment , Non-Residents , Opt-In , Personal Jurisdiction , Specific Jurisdiction , Split of Authority , Wage and Hour

Drawing Lines: Where Do Courts Stand On Permitting FLSA Collective Actions Involving Out-Of-State Plaintiffs?

The application of a key Supreme Court decision remains an important issue for multi-state employers defending federal collective action wage and hour claims – but are we any closer to getting clarity on what remains a...more

2/26/2021  /  Bristol-Myers Squibb Co v Superior Court of California - San Francisco County , Collective Actions , Employment Litigation , Fair Labor Standards Act (FLSA) , Out-of-State Companies , Out-of-State Employees , Personal Jurisdiction , Wage and Hour

Fair WARNing: COVID-19 WARN Act Class Action Filed Against Hooters

It took less than a month for the plaintiffs’ bar to seize upon what is likely to be the first of many COVID-19-related class action lawsuits alleging violations of the Worker Adjustment and Retraining Notification Act, also...more

5/6/2020  /  Class Action , Coronavirus/COVID-19 , Corporate Counsel , Employer Liability Issues , Employment Litigation , Hiring & Firing , Layoff Notices , Layoffs , Notice Requirements , WARN Act

You May Not Have to Pay Attorney’s Fees in Some FLSA Cases

If you have ever had to defend against a lawsuit under the FLSA, you probably know that attorney’s fees awards often far exceed the value of your employee’s claims. This is especially true in collective action cases, which...more

11/30/2018  /  Attorney's Fees , Collective Actions , Corporate Counsel , Employment Litigation , Fair Labor Standards Act (FLSA) , Fee-Shifting , Litigation Fees & Costs , Litigation Strategies , Over-Time , Payroll Records , Prevailing Party , Unpaid Overtime , Wage and Hour
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