Since when does silence in a contract speak louder than words? The United States Supreme Court will soon answer this question in deciding whether an arbitration agreement between an employer and its employees can authorize a class action arbitration proceeding when the agreement is silent as to the issue. Employees with arbitration agreements that contain … Continue reading this entry
Tags: Arbitration Agreement, Class Action Waiver, United States Supreme Court
As we will describe in this and its companion article, if you are an employer viewing such classifications optimistically in light of some recent legal developments, you should do so fully aware of the attendant perils. One might be excused for thinking (from an employer-biased point of view) that the independent contractor minefield might be … Continue reading this entry
Tags: employee classifications, Epic Systems, independent contractor, Wage and Hour
This article discusses how to prepare for and take a plaintiff’s deposition in wage and hour exemption misclassification cases. It also discusses how to defend the deposition of a Federal Rule of Civil Procedure 30(b)(6) witness in such cases. This article addresses the following steps and strategies: Step 1:Identify the Objectives of the Plaintiff’s Deposition; … Continue reading this entry
Tags: Class Action, Collective Actions, Depositions, exemption misclassification, exemption requirements, Wage and Hour
On June 16, 2017, the United States Department of Justice (DOJ) changed its position with respect to the enforceability of class action waivers in the labor and employment context. The move came via the DOJ’s filing of an amicus curiae brief in three consolidated cases pending before the Supreme Court (National Labor Relations Board v. … Continue reading this entry
Tags: Class Action Waivers, DOJ, NLRA, NLRB
President Trump is not wasting any time acting on several of his campaign promises. Whether or not the administration’s actions align with those campaign promises, however, is yet to be seen.… Continue reading this entry
Tags: Class Action Waivers, Employment Law, Justice Scalia, National Labor Relations Board, NLRB, President Trump, Scalia, SCOTUS, Supreme Court, Supreme Court of the United States, Trump, Trump administration, Trump SCOTUS, Trump Supreme Court
Class action waivers in arbitration agreements exist in a legal gray zone, with the federal appellate courts split on their enforceability. Many employers believe that by forcing employees who sue them to do so only individually, they can avoid the prospect of very large judgements. The Ninth Circuit and Seventh Circuit have held that class action waivers … Continue reading this entry
Tags: Arbitration Agreement, Class Action, NLRB, opt-out provision, Uber Technologies, Waivers
Long gone are the days where individuals required computer access in order to connect to the internet. Smartphones are everywhere, and the internet of things (IoT) means that common objects such as cars and phones can now easily connect to the internet to send and receive data. Unsurprisingly, it feels like most people have access … Continue reading this entry
Tags: Internet of Things, non-exempt, Privacy, waiting time
Since the United States Supreme Court upheld the validity of class action waivers in commercial consumer arbitration agreements several years ago, many employers have found arbitration agreements with class action waivers a valuable tool to protect against the tide of class action litigation. In addition to avoiding the risk of a runaway jury award, these … Continue reading this entry
Tags: Arbitration, Arbitration Agreement, Class Action, National Labor Relations Act, National Labor Relations Board, NLRA, NLRB
Many of our readers are no strangers to the ongoing legal battle over the enforcement of arbitration agreements containing class action waivers. While the National Labor Relations Board (NLRB) has steadfastly maintained its position that such agreements interfere with employees’ rights to engage in protected concerted activity under the National Labor Relations Act (NLRA), federal … Continue reading this entry
Tags: appellate courts, National Labor Relations Act, National Labor Relations Board, NLRB, U.S. Supreme Court
The explosion of wage and hour class action litigation in the last 10 to 15 years or so has shined a spotlight not only on wage and hour practices themselves, but also on the critical question of whether an employer’s practices can and should support class certification. Class certification has accordingly become an issue of … Continue reading this entry
Tags: appellate courts, class certification, class waivers, unfair practice, Wage and Hour
Nearly two years ago, in the now infamous D.R. Horton decision, the National Labor Relations Board ruled that it constitutes an unfair labor practice for an employer to require, as a condition of employment, that employees arbitrate claims as individuals rather than a class, unless a union has agreed to such arbitration provisions. Since that … Continue reading this entry
Tags: Arbitration Agreement
Tuesday, December 3, 2013, marked the latest turn in the D.R. Horton saga. On Tuesday, the Fifth Circuit Court of Appeals rejected the National Labor Relations Board’s (the Board’s) January 3, 2012 ruling in the D.R. Horton case, which had found that D.R. Horton’s Mutual Arbitration Agreement was a violation of the National Labor Relations … Continue reading this entry
Tags: "Class Waiver"
As we have reported on several occasions, a string of United States Supreme Court cases over the past few years has strengthened the use and applicability of arbitration provisions in contracts. For example, in AT&T Mobility LLC v. Concepcion, the Supreme Court held that a rule making class waivers unconscionable was preempted by the Federal … Continue reading this entry
Facing stiff competition for talent and a mobile work force, several technology companies located in Silicon Valley allegedly made a pact not to recruit each other’s employees including agreeing not to “cold call” employees. This led to an investigation by the U.S. Department of Justice in which it concluded that the anti-poaching agreement violated antitrust … Continue reading this entry
Tags: Anti-Corporate Raiding
Posted in Class Action Litigation; Wage and Hour
Posted in Class Action Litigation
Posted in Class Action Litigation; Labor Relations
Posted in Class Action Litigation; Labor Relations
Posted in Class Action Litigation
Posted in Class Action Litigation; Labor Relations
Posted in Class Action Litigation