News & Analysis as of

Fair Labor Standards Act (FLSA) Exempt-Employees Arbitration

Dechert LLP

When It Rains, It Pours: Supreme Court, EEOC and DOL Release Flood of Employment Law Developments

Dechert LLP on

Through two unanimous decisions, the Supreme Court has made it easier for employees to avoid arbitration due to their status as "transportation workers" and to challenge job transfers as discriminatory under Title VII. ...more

Fisher Phillips

SCOTUS Review: 8 Key Rulings from Last Term that Impact the Workplace and 3 Issues We’re Watching

Fisher Phillips on

Many employers looked to the Supreme Court last term for clarity in cases with a significant impact on the workplace. The justices continued to shape the employment law landscape by ruling on an array of issues involving...more

Littler

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

Littler on

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

Hinshaw & Culbertson LLP

New Statutory Framework Mandated for Employers Seeking to Limit Notice to Putative Class Members in an Enforceable Arbitration...

The United States Court of Appeals for the Seventh Circuit recently articulated a new statutory framework for determining whether notice to a putative plaintiff should be issued under the Fair Labor Standards Act (FLSA). At...more

Seyfarth Shaw LLP

Invitations (To Join FLSA Collective Actions) Have Consequences: Seventh Circuit Rules That FLSA Opt-In Notice Should Not Be Sent...

Seyfarth Shaw LLP on

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

Fisher Phillips

Web Exclusive - September 2019: The Top 11 Labor And Employment Law Stories

Fisher Phillips on

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

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

Beltway Buzz - September 2019 #4

Meet the New Boss. The U.S. Senate confirmed Eugene Scalia as the new secretary of labor on September 26, 2019. Scalia, who served as solicitor of labor in the George W. Bush administration, is expected to continue apace with...more

Fisher Phillips

January 2019: The Top 16 Labor And Employment Law Stories

Fisher Phillips on

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

Fisher Phillips

Top 50 Workplace Law Stories Of 2018

Fisher Phillips on

It’s hard to keep up with the news these days. It sometimes feels like you can’t step away from your phone, computer, or TV for more than an hour or so without a barrage of new information hitting the headlines—and you’re...more

Littler

Supreme Court Year in Review: Union Agency Fees, Travel Restrictions, and the Retirement of Justice Kennedy

Littler on

The U.S. Supreme Court closed out its most recent term, which began in October 2017, with a number of high-profile and ground-breaking decisions. ...more

Carlton Fields

First Circuit Finds FAA Applicability A Question For Court And Holds FAA Exemption Applicable To Independent-Contractor...

Carlton Fields on

The case presented two issues to the court: 1) whether a court must determine the applicability of the FAA to the case when asked to compel arbitration, where parties delegated questions of arbitrability to the arbitrator;...more

Seyfarth Shaw LLP

Five Wage and Hour Questions: What’s “In Store” For 2017?

Seyfarth Shaw LLP on

Seyfarth Synopsis: With the new administration and new year well underway, retail employers may be wondering what’s next for likely litigation and legislation impacting their business. Below are thoughts about five questions...more

Carlton Fields

Third Circuit Affirms Rejection Of Class Arbitration Where Employment Agreement Was Silent On Whether Arbitration Could Proceed On...

Carlton Fields on

Plaintiffs, former staffing managers of defendants’ international staffing agency, alleged that defendants misclassified them as overtime-exempt employees in violation of the Fair Labor Standards Act. Following earlier...more

Carlton Fields

Third Circuit: Federal Court Should Decide Whether An Arbitration Clause Authorizes Classwide Arbitration – Not The Arbitrator

Carlton Fields on

The Third Circuit recently was presented with the question of whether, in the context of an otherwise silent contract, the availability of classwide arbitration is to be decided by a court rather than an arbitrator. The...more

BakerHostetler

Third Circuit: Availability of Classwide Arbitration is an Issue for the Courts – Not Arbitrators – Unless the Parties Agreed...

BakerHostetler on

Wednesday, the Third Circuit held that the determination of whether an agreement allows classwide arbitration is a question of arbitrability for the courts “unless the parties unmistakably provide otherwise.” Opalinski v....more

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