News & Analysis as of

Motion to Compel Fair Labor Standards Act (FLSA) Employment Litigation

Carlton Fields

Alabama Federal Court Seals and Approves FLSA Settlement Agreement, Addresses Confidentiality Provision

Carlton Fields on

The plaintiff was employed by defendant Pilot Catastrophe Services Inc. as an insurance claims adjuster, where she was responsible for inspecting property damage claims and providing damage estimates to insurance companies....more

Carlton Fields

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

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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

Snell & Wilmer

U.S. Supreme Court Resolves Circuit Split Regarding Waiver Analysis for Arbitration Provisions

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On May 23, the U.S. Supreme Court resolved in Morgan v. Sundance whether a litigant seeking to establish waiver had to show prejudice resulting from an opposing party’s failure to timely enforce an arbitration provision under...more

Carlton Fields

Second Circuit Dismisses Appeal of Order Compelling Arbitration in Labor Dispute, Extends Prior Holding in Cheeks v. Freeport...

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The Second Circuit Court of Appeals recently dismissed a plaintiff’s appeal of the trial court’s order compelling arbitration on the grounds that the order was a non-appealable interlocutory order under 9 U.S.C. § 16(b). In...more

Seyfarth Shaw LLP

5 Key Trends In Workplace Class Action Litigation: Trend #2 Change Is The New Normal

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Seyfarth Synopsis: The data and analysis from workplace class action rulings, case filings, and settlements showed that change is the new normal in 2020-2021. As many pro-business precedents continued to roll out and take...more

Carlton Fields

Court Enforces Arbitration Agreement Incorporated Into “Notice to Employees”

Carlton Fields on

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

Littler

Second Circuit Sends Home Care Worker’s Putative Class Claims to Union Arbitration on an Individual Basis

Littler on

On July 2, 2019, the U.S. Court of Appeals for the Second Circuit handed a significant victory to New York’s home care industry.  In Abdullayeva v. Attending Home Care Services, the appellate court reversed a lower court’s...more

Seyfarth Shaw LLP

Fifth Circuit Says Plaintiffs May Not Send Notice of FLSA Suit to Employees with Arbitration Agreements

Seyfarth Shaw LLP on

Seyfarth Synopsis: In a must-read decision and case of first impression at the federal appellate level, the Fifth Circuit Court of Appeals held late last week that a district court may not approve sending notice of an FLSA...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

Seyfarth Shaw LLP

Fifth Circuit Keeps the Horse Before the Cart: Arbitration to be Decided Before Conditional Certification

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Seyfarth Synopsis: In an important decision for employers seeking to enforce arbitration agreements and limit wage and hour exposure and related defense costs, the U.S. Court of Appeals for the Fifth Circuit reaffirmed that...more

Carlton Fields

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

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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

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