Seyfarth Synopsis: This series (Is Arbitration the Answer? and Can Arbitration Agreements Protect Employers Against Class Actions?) examines whether an employee arbitration program can help minimize legal risks from COVID-19...more
This series examines whether an employee arbitration program can help minimize legal risks from COVID-19 and beyond.
For many employers, an important reason for rolling out arbitration is a desire to avoid class and...more
Most employers have seen the forecasts. The waves of employees let go in the COVID crisis will file a surge of employment claims. Worse, plaintiffs’ lawyers will scrutinize the many changes required by the pandemic and...more
Seyfarth Synopsis: An appellate court has ruled that a district court should not authorize notice of an FLSA suit to employees who are ineligible to join the suit because they agreed to resolve disputes exclusively through...more
1/31/2020
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Collective Actions ,
Eligibility Determination ,
Exempt-Employees ,
Facebook ,
Fair Labor Standards Act (FLSA) ,
JPMorgan Chase ,
Misclassification ,
Opt-In ,
White-Collar Exemptions
Tip #1: Consider An Arbitration Agreement—With A Class Action Waiver -
Until recently, there has been much debate about the enforceability of arbitration agreements containing class action waivers. Courts disagreed as to...more
Seyfarth Synopsis: Two recent decisions by federal courts in Massachusetts highlight barriers to litigating FLSA cases on a nationwide basis — including a personal jurisdiction defense that could preclude a nationwide...more
Companies burdened by an avalanche of wage and hour class and collective actions have been hoping that Tyson Foods, Inc. v. Bouaphakeo might be the game-changing decision they have been waiting for. If the oral argument...more
In a case that could change how wage and hour class and collective actions are litigated, Tyson Foods, Inc. recently filed its opening Supreme Court brief. Tyson seeks reversal of a $5.8 million judgment in favor of meat...more
8/25/2015
/ Class Action ,
Doffing ,
Donning ,
Due Process ,
Dukes v Wal-Mart ,
Fair Labor Standards Act (FLSA) ,
FRCP 23(b)(3) ,
Popular ,
Rules Enabling Act ,
Safety Equipment ,
SCOTUS ,
Trial-by-Formula ,
Tyson Foods ,
Tyson Foods v Bouaphakeo ,
Unpaid Overtime ,
Wage and Hour ,
Wal-Mart
The U.S. Supreme Court agreed yesterday to hear an appeal challenging a nearly $6.0 million judgment in a collective and class action case against Tyson Foods, Inc. In Tyson Foods, Inc. v. Bouaphakeo, a wage and hour...more
6/11/2015
/ Actual Injuries ,
Appeals ,
Class Action ,
Class Certification ,
Collective Actions ,
Damages ,
Doffing ,
Donning ,
Fair Labor Standards Act (FLSA) ,
FRCP 23 ,
FRCP 23(b)(3) ,
Off-The-Clock ,
SCOTUS ,
Trial-by-Formula ,
Tyson Foods ,
Tyson Foods v Bouaphakeo ,
Wage and Hour