Seyfarth Synopsis: The U.S. Supreme Court’s decision in Wal-Mart Stores, Inc. v. Dukes, 564 U.S. 338 (2011), still lords over employment discrimination class actions nearly a decade later. Indeed, Nelson, et al. v. Pace...more
Seyfarth Synopsis: For nearly a decade, the aftershocks of the U.S. Supreme Court’s decision in Wal-Mart Stores, Inc. v. Dukes have curtailed the success of plaintiffs attempting to certify class discrimination claims in...more
Seyfarth Synopsis: Complex class actions often present a scenario in which some or most of the putative class members are subject to arbitration agreements, but the named plaintiff is not. In Gembarski v. PartsSource, Inc.,...more
8/20/2019
/ Arbitration ,
Arbitration Agreements ,
Class Certification ,
Defense Strategies ,
Employer Liability Issues ,
Employment Litigation ,
Identifiable Class Members ,
OH Supreme Court ,
Putative Class Actions ,
Sales Commissions ,
Unidentified Class Members ,
Unpaid Wages ,
Wage and Hour
Every year the American Tort Reform Association (“ATRA”) publishes its “Judicial Hellholes Report.” The Report focuses on litigation issues in state court systems and challenges for corporate defendants in the fair and...more
Seyfarth Synopsis: Professional class settlement objectors can be a thorn-in-the-side for employers and class counsel attempting to settle class actions. ...more
Seyfarth Synopsis: Although back pay has been awarded in Age Discrimination in Employment Act (ADEA) cases for quite some time, few courts have specifically addressed whether these damages are discretionary or mandatory. In...more
9/24/2018
/ ADEA ,
Age Discrimination ,
Appeals ,
Compensation & Benefits ,
Corporate Counsel ,
Discrimination ,
Employee Benefits ,
Employee Contributions ,
Employer Liability Issues ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Law Enforcement ,
Public Employees ,
Remand ,
Retirement Plan ,
Summary Judgment
Seyfarth Synopsis: In the midst of a legal landscape that is seemingly pro-arbitration, employers should recognize that employees still have a few strategies to oppose arbitration or invalidate an arbitration agreement. ...more
7/26/2018
/ Arbitration ,
Arbitration Agreements ,
Bifurcation ,
Civil Rights Act ,
Class Action ,
Class Action Arbitration Waivers ,
Class Certification ,
Employment Contract ,
Employment Litigation ,
Hiring & Firing ,
Motion to Compel ,
National Origin Discrimination ,
Title VII
Title VII requires employers to make “reasonable accommodations” for an employee’s religious practices. But what is “reasonable” has been the subject of much debate and litigation. ...more
Seyfarth Synopsis: After thirty-three former employees who signed release agreements requiring individual arbitration of ADEA claims collectively sued their employer for age discrimination, the employer moved to compel...more
4/24/2017
/ ADEA ,
Age Discrimination ,
Arbitration ,
Arbitration Agreements ,
Class Action Arbitration Waivers ,
Collective Actions ,
Corporate Counsel ,
Discrimination ,
Employment Litigation ,
Federal Arbitration Act ,
General Mills ,
Hiring & Firing ,
Release Agreements