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Employment Litigation Class Action Employment Contract

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Appeals Court Finds Employer’s Arbitration Agreement With Cost-Sharing and Out-of-State Law Provisions Unconscionable

In a recent ruling, a California appeals court found an arbitration agreement with an eyewear store employee that was presented on a take-it-or-leave-it basis required an arbitrator to apply the laws of another state,...more

Littler

Ninth Circuit: “Transportation Exemption” Does Not Apply to Arbitration Clauses Between Corporate Entities or in Commercial...

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Two days before the United States Supreme Court ruled in Bissonnette v. LePage Bakeries Park St., LLC, that the Federal Arbitration Act’s (FAA) transportation worker exemption (meaning the FAA would not apply) extends beyond...more

Troutman Pepper

Seventh Circuit Revives McDonald's Employee No-Poach Litigation

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In June of 2022, McDonald’s obtained a judgment on the pleadings, ending antitrust litigation challenging the legality of the no-hire restraints it previously included in its franchise agreements. More than a year later, the...more

Epstein Becker & Green

Should Employers Implement Arbitration Agreements with Class and Collective Action Waivers? The Pros and the Cons

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For more than a few years — at least since the United States Supreme Court’s seminal 2017 decision in Epic Systems v. Lewis — employers across the country have weighed whether to have their employees sign arbitration...more

CDF Labor Law LLP

CA Court of Appeal Upholds Arbitration Agreement Under FAA Preemption

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Evenskaas v. California Transit Inc. reversed a Los Angeles Superior Court judge’s denial of an employer’s motion to compel arbitration of a former employee’s wage and hour class action. The trial court had concluded that the...more

Littler

Savings Clause Results in Oregon Supreme Court Affirming Enforceability of Arbitration Provision

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On July 8, 2022, in Gist v. ZoAn Management, Inc., the Oregon Supreme Court affirmed the decisions of the trial court and court of appeals granting the defendants’ motion to compel arbitration.  The court concluded that...more

CDF Labor Law LLP

[Webinar] Top Seven Non-COVID Related Employment Law Issues for California Employers - March 30th, 10:00 am - 10:45 am PT

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Please join our distinguished panelists of CDF employment law attorneys, Carolina Schwalbach, Leah Cameron, and Allison Chua on March 30, 2022, for a complimentary webinar as they explore the top pressing non-COVID-related...more

Proskauer - California Employment Law

Good Tidings for the Holidays! The U.S. Supreme Court Finally Will Review (and May Bury) PAGA’s Anti-Arbitration Rule

While the California Supreme Court has repeatedly upheld arbitration agreements with class action waivers (as they must under the Federal Arbitration Act), in a now infamous (and controversial) decision from 2014, the court...more

CDF Labor Law LLP

Employee Prevented from Pursuing Class Claims For Unpaid Wages

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Last week a California Employer secured a victory when the California Court of Appeal held that the employer’s general California choice-of-law provision in its employment agreement did not entitle the employee to pursue...more

Payne & Fears

Key California Employment Law Cases: August 2020

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Robinson v. Southern Counties Oil Co, 53 Cal. App. 5th 476 (2020) - Summary: Res judicata bars a PAGA claim when the employer has already settled a separate PAGA claim covering the same claims and time period. An...more

Seyfarth Shaw LLP

So You Agree? – NJ Supreme Court Finds Assent To Arbitration Agreement By Employee’s Continued Employment

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Seyfarth Synopsis:  In Skuse v. Pfizer, Inc., the New Jersey Supreme Court held that an employee’s continued employment can be deemed to be assent to the terms of an employer’s arbitration agreement. ...more

Epstein Becker & Green

Be Careful What You Wish For: California Federal Judge Compels DoorDash to Conduct – and Pay for – More Than 5,000 Individual...

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It’s no secret that many employers have employees sign arbitration agreements with class and collective action waivers in the hopes of avoiding the massive wage-hour lawsuits that have become so prevalent in the past two...more

Littler

The Seventh Circuit Rules on Whether to Send Notice in FLSA Collective Actions to Individuals with Arbitration Agreements

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On January 24, 2020, the Seventh Circuit Court of Appeals became the second federal appellate court to address whether notice of a collective action under the Fair Labor Standards Act (FLSA) may be sent to individuals who...more

Seyfarth Shaw LLP

5 Key Trends In Workplace Class Action Litigation: Trend #5 Impact Of The #MeToo Movement (UPDATED)

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Seyfarth Synopsis: Seemingly overnight, the #MeToo movement emerged as a worldwide social phenomenon with significant implications for the workplace and class action litigation. By 2019, it became clear that the movement is...more

Morgan Lewis

Seventh Circuit: No FLSA Collective Action Notice For Workers Subject To Individual Arbitration Agreements

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In Bigger v. Facebook, Inc., the US Court of Appeals for the Seventh Circuit held that courts should not authorize notice of a pending Fair Labor Standards Act (FLSA) collective action to individuals who have already entered...more

Littler

National and State Trade Groups Sue to Strike Down California “Anti-Arbitration” Law

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On Friday, December 6, 2019, a coalition of national and state trade associations filed suit in California federal court seeking to strike down the state’s recently enacted “anti-arbitration” law, A.B. 51.1  A.B. 5...more

Epstein Becker & Green

In Adopting “Contract Coverage” Standard, NLRB Gives Employers Greater Flexibility to Act Unilaterally on Subjects Encompassed by...

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As summer turned to fall, the National Labor Relations Board (“NLRB” or the “Board”) issued a steady stream of decisions with significant and favorable implications for employers. In the flurry of recent decisions, the Board...more

Littler

Striking Down Decades-Old Precedent, Ninth Circuit Rules That ERISA Breach of Fiduciary Duty Claims May Be Arbitrated

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On August 20, 2019, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued an opinion in Dorman v. Charles Schwab Corp., overturning its 1984 position in Amaro v. Continental Can Co. that lawsuits filed...more

Carlton Fields

Opt-Out Arbitration Program Binds Employees in Wage and Hour Class Action

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A recent decision by a Wisconsin district court illustrates the impact of an arbitration agreement on class actions. The plaintiffs alleged violations of the Fair Labor Standards Act (FLSA) and state wage and overtime laws...more

McNees Wallace & Nurick LLC

Enforcement Of Inividual Arbitration Agreements – Supreme Court Takes Two Steps Forward And One Step Back

Last year, the Supreme Court of the United States issued a significant decision upholding the use of individual arbitration agreements that include class action waivers. The Epic Systems’ Decision provided clarity to...more

Polsinelli

Employer’s Failure to Compel Arbitration Shows the Tricky Balance Employers Face when Implementing New Mandatory Arbitration...

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Employers may choose to implement arbitration programs to manage the costs and risks of employment-related litigation. Arbitration may minimize negative publicity, and may further assist employers to keep costs low and reduce...more

Carlton Fields

Seventh Circuit: Class Arbitration Is For Courts to Decide, Not Arbitrators

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In 2011, a former employee of Waterstone Mortgage Corporation filed a class action against Waterstone alleging violation of the Fair Labor Standards Act and breach of contract. Originally published in the ABA-Section of...more

Fisher Phillips

Other Shoe Drops: Court Hands Uber Massive Class Action Win After SCOTUS Victory

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It was just a matter of time. After the Supreme Court cleared the way for businesses to use class waivers with their employees and contractors with the Epic Systems ruling this past May, many observers expected that the...more

Fisher Phillips

Web Exclusive: August 2018: The Top 15 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Holland & Knight LLP

Ninth Circuit: Individual Employment Provision Cannot Compel Arbitration of 409(a) Claim - Ruling Leaves Open Whether Contracts or...

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• The U.S. Court of Appeals for the Ninth Circuit's recent decision in Munro v. University of Southern California concluded that an arbitration provision in individual employment contracts could not be used to compel...more

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