Labor Law Violations, Arbitration Agreements, Fair Labor Standards Act (FLSA)

Federal Court Rejects Argument That Subsequent Opt-Out of Arbitration Clause Precluded Arbitration

Carlton Fields on 6/5/2024

The U.S. District Court for the Northern District of Illinois has rejected an argument that opting out of arbitration clauses precluded arbitration under prior arbitration agreements in a dispute between Uber drivers and...more

Sixth Circuit Holds Validity of Employee’s Electronic Signature Creates Issue of Fact, Reverses Order Compelling Arbitration

Carlton Fields on 8/16/2023

In Bazemore v. Papa John’s U.S.A. Inc., the Sixth Circuit Court of Appeals considered the plaintiff’s appeal of an order granting the defendant’s motion to compel arbitration and to dismiss the plaintiff’s complaint brought...more

Arbitration Provision Survives Agent Termination

Carlton Fields on 12/29/2020

Has the judicial preference for presuming the survivability of arbitration clauses governing workplace disputes reached canonical status? According to the U.S. District Court for the Eastern District of Arkansas, the answer...more

Fifth Circuit Suggests Question of Class Arbitrability Was for Arbitrator Not Court

Carlton Fields on 5/28/2020

The Fifth Circuit has suggested that the question of class arbitrability was for the arbitrator, not the court, based on the language of the arbitration clause at issue. The court ultimately concluded, however, that it did...more

5th Circuit: Arbitration Available for Employee’s Collective Action Claims

Proskauer - Law and the Workplace on 5/12/2020

On April 16, 2020, the Fifth Circuit held that an employee is entitled to arbitrate his federal labor law claims as a collective action on behalf of his coworkers against their employer, Sun Coast Resources, Inc. (“Sun...more

Court Enforces Arbitration Agreement Incorporated Into “Notice to Employees”

Carlton Fields on 11/19/2019

The U.S. District Court for the Northern District of Texas compelled arbitration in a putative Fair Labor Standards Act class action based on language in a “notice to employees” that put the plaintiffs on notice that they...more

New Waive? NLRB Allows Revised Arbitration Agreements After Collective Action

Bradley Arant Boult Cummings LLP on 8/25/2019

Last week, the National Labor Relations Board (NLRB) issued a decision in Cordúa Restaurants, Inc., that permits employers to create and enforce arbitration agreements with collective waivers in direct response to Fair Labor...more

Gentlemen’s Club Cannot Compel Arbitration Where It Actively Litigated Merits Of Dispute

Carlton Fields on 2/19/2018

The Fourth Circuit upheld a district court’s decision refusing to compel arbitration in a labor dispute between a gentlemen’s club (“Crazy Horse”) and a putative class of entertainers because of Crazy Horse’s extensive...more

Agencies Publish Strict New Reporting Guidelines for Government Contractors

Sheppard Mullin Richter & Hampton LLP on 9/7/2016

On August 25, 2016, the United States Department of Labor (“DOL”) and Federal Acquisition Regulatory (“FAR”) Council published “Guidance for Executive Order 13673, ‘Fair Pay and Safe Workplaces’” (“final rule”). Also...more

Labor Law Violations › Arbitration Agreements › Fair Labor Standards Act (FLSA)

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