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Results: 1-10 of 31

Russell v. Citigroup Inc. language in revised arbitration agreement torpedoes its application to pending class action

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • April 15 2014

A Sixth Circuit panel found the text of an updated arbitration agreement indicated it did not apply to a wage and hour class action already pending

Sixth Circuit holds that duty to arbitrate survives expiration of employment contract, requires individual arbitration

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • March 28 2014

With the Supreme Court having issued a series of decisions overruling many of the roadblocks to the enforcement of arbitration agreements in the

Eleventh Circuit refuses to enforce post-suit arbitration agreements based upon employer misconduct

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • April 4 2014

The British have a phrase "too clever by half" to describe complex schemes that ultimately won't work. We all know from cases such as Concepcion

Court rejects NLRB's restrictive view of class action waivers in arbitration

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

A Northern District of California judge has held that neither the National Labor Relations Board’s (“NLRB”) decision in D.R. Horton, Inc., 357 N.L.R.B. No. 184 (January 3, 2012), nor the Norris-LaGuardia Act, 29 U.S.C. 101 et seq., can change the Concepcion outcome

When does "silence" become "implicit" agreement? The saga of Jock v. Sterling Jewelers, Inc.

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • July 11 2011

A recent Second Circuit decision has renewed the debate over when silence in an arbitration agreement can form the basis for class proceeding

Collective-bargaining agreement may require employees to arbitrate age discrimination claims, Supreme Court rules

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • April 15 2009

On April 1, 2009, in the 5-4 decision 14 Penn Plaza LLC v. Pyett, the United States Supreme Court held that a provision in a collective-bargaining agreement requiring union members to arbitrate age discrimination claims is enforceable

Second Circuit enforces class action waiver in FLSA case under AMEX

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • August 12 2013

The Sutherland v. Ernst & Young case raised a now familiar question and the Second Circuit gave an answer in keeping up with recent U.S. Supreme

D.R. Horton on steroids: NLRB invalidates arbitration agreement without class waiver

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • January 28 2014

As reported previously here, the National Labor Relations Board ("NLRB" or the "Board") in D.R. Horton, Inc., 357 NLRB No. 184 (2012), held that

Employee accepted arbitration offer when she continued to work, Sixth Circuit rules

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • October 31 2013

In a Halloween treat for employers, the Sixth Circuit ruled this morning that an employee had contractually agreed to arbitrate any employment

The possible price of inaction following Concepcion

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • August 17 2011

The practical impact of AT&T Mobility v. Concepcion is already starting to become apparent