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Employment Class Action Blog Blog

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Order Sending Former Mail Sorter to Arbitration Teaches Some Lessons About Who Is a Transportation Worker and Agreement Coverage

USA - March 1 2021 Since 2019, we have been tracking the decisions struggling to interpret the scope of the Federal Arbitration Act (FAA) Section 1 exemption for…

Implicit Waiver of The Right to Arbitrate by Litigation - A Massachusetts District Court Addresses The Factors

USA - February 18 2021 Complex cases can present difficult legal issues but may also illuminate how courts evaluate questions such as when a party has waived its right to…

Florida Court Denies Conditional Certification in Tip Credit Case

USA - February 17 2021 The restaurant industry has been among the hardest hit during the current pandemic, but that has not prevented plaintiffs from pursuing class and…

Ninth Circuit Rejects Airline’s Constitutional Challenges to California’s Wage Statement Statute

USA - February 15 2021 Virtually by definition, many transportation workers, and many employees of airlines and railroads in particular, regularly travel and work in many…

Seventh Circuit Fires Warning Shot, USERRA May Require Paid Military Leave

USA - February 11 2021 In a case that it characterized as one of first impression in the federal courts of appeals, the Seventh Circuit held last week that the Uniformed…

Ninth Circuit Holds Employee Expense Per Diem Can Constitute ‘Wages’ to Determine the Regular Rate

USA - February 9 2021 In a case involving two certified classes, the Ninth Circuit Court of Appeals concluded this week that an employer’s per diem paid to traveling…

Seventh Circuit Finds Class of 37 Does Not Meet Rule 23’s Numerosity Requirement

USA - February 2 2021 As numbers go, 37 isn’t as famous as, say, 1 or 13. It’s a prime number, the atomic number of rubidium and the age of the peasant Dennis in the movie…

The Fifth Circuit Rejects Two-Stage Conditional Certification Procedure for FLSA Collective Actions

USA - January 15 2021 Much of the current tsunami of wage and hour litigation across the country has been fueled by the use of a two-step procedure in Fair Labor Standards…

Ninth Circuit Again Complicates CAFA Removal Standards

USA - December 30 2020 Congress enacted the Class Action Fairness Act to address perceived problems with the handling of class actions by courts. Among its provisions was…

Once More Before the High Court - Henry Schein, Inc. v. Archer And White Sales, Inc. - But New Questions Emerge

USA - December 10 2020 We know now under Epic Systems that arbitration agreements with class action waivers can be enforced, but questions continue to emerge from specific…