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Sixth Circuit refuses to uphold collective action waiver absent arbitration

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • August 11 2014

My working title for this blog was "collective action grab bag," concerning the recent Sixth Circuit case in Killion v. KeHE Distributors, LLC, Case

Ninth Circuit narrowly upholds class settlement in misclassification case

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • June 5 2014

We've commented several times recently on the increasing scrutiny courts are giving to class action settlements generally, and to attorney fee awards

Hawaiian Supreme Court issues ruling regarding restaurant service charges

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • July 23 2013

When is a "service charge" a tip? And who gets it, the employer or the employee? These aren't just questions of etiquette, but are now serious issues

Dukes supports application of Daubert standards to expert witnesses at the class certification stage

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • October 5 2011

The United States Supreme Court's recent decision in Wal-Mart Stores, Inc. v. Dukes has rightly drawn attention from commentators on a host of class action issues ranging from the standards for commonality to limitations on classes seeking back pay awards

California District Court rejects shotgun attacks on arbitration agreements

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • July 14 2014

Alright, we all know in the wake of Italian Colors, Concepcion, and now many other cases that the presumption of arbitrability isn’t just a doctrine

Supreme Court upholds use of Rule 68 offers of judgment in FLSA collective actions

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • April 16 2013

Today the United States Supreme Court delivered an unexpected present to employers facing FLSA collective actions and held that a defendant may moot

Hawaiian court finds that employees were not entitled to resort service charges

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • November 1 2011

This blog and Baker Hostetler’s HospitalityLawg often come across the same cases, particularly because the hospitality industry is increasingly the target of employment class actions

California District Court rejects 33 attorney fee award in class action wage and hour case under common fund theory; finds 25 appropriate

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • July 17 2012

One of the primary catalysts for class action litigation both in the employment context and outside of it is the availability of attorney’s fees

Fourth Circuit affirms sanctions against the EEOC in action fraught with delays

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • April 7 2014

Many employers who have dealt with the EEOC in large cases suffer frustration over inexplicable delays combined with at times unreasonable requests

New York district court grants summary judgment against FLSA class of insurance claims adjusters

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • November 25 2013

In a number of cases, the plaintiffs' strategy in collective active litigation under the Fair Labor Standards Act may fall into a familiar pattern: