Information and commentary on class action cases affecting employers
Articles: 1-10 of 278
Supreme Court Holds That a Case Should Be Stayed Automatically When a Party Appeals a Decision Not To Arbitrate It
USA - July 7 2023 While several recent Supreme Court decisions have garnered significant headlines, the Court’s late June ruling in Coinbase, Inc. v. Bielski, (Case No…
Supreme Court Adopts Strict Construction of Salaried Test, Even for Highly Paid Exempt Employees
USA - February 22 2023 One relatively common misapprehension by employers is that generous wages or popular methods of payment will satisfy the Fair Labor Standards Act…
A Recent DoorDash Opinion Addresses Several Pivotal Arbitration Issues
USA - January 23 2023 Two DoorDash delivery drivers filed a class action against the company and two of its employees alleging violations of federal and state wage and…
Illinois District Court Refuses to Certify Class Based on Anti-harassment Policy
USA - January 4 2023 Most employers today have anti-harassment policies covering race, gender and other types of discrimination to help comply with state and federal…
Second Circuit Again Considers if Bakery Goods Drivers Are Excluded Under the FAA Because They Are “Transportation Workers”. The Saga Continues . . .
USA - October 6 2022 While the Supreme Court’s opinion in Southwest Airlines Co. v. Saxon, 142 S. Ct. 1783 (2022), brought needed clarity to the analysis of the class of…
Third Circuit Reverses Certification of ADA Accommodations Class Based on Retail Store Access
USA - July 12 2022 Class action disability discrimination cases can be particularly difficult. While there is little question of whether a particular individual is in a…
Dead End for Class Certification? Ninth Circuit Provides Roadmap for Defending Independent Contractor Misclassification Class Claims
USA - July 8 2022 For businesses using independent contractor vendors, misclassification claims are usually well-suited for class certification. A Plaintiff’s path…
Smoother Sailing Ahead for PAGA Arbitrability Under Viking River Cruises Decision
USA - June 15 2022 On June 15, the U.S. Supreme Court finally brought closure to the long-running, unsettled issue of whether California’s prohibition against…
Supreme Court Resolves Whether an Airline Ramp Supervisor Falls Within the Transportation Worker Exemption of the FAA
USA - June 8 2022 For years courts have been struggling to determine the proper application of the Section 1 exemption of the Federal Arbitration Act (FAA). See 9 U.S…
Supreme Court Holds Prejudice Not Required for Waiver of Right to Arbitrate - But Does Little Else
USA - May 23 2022 In a much-anticipated opinion, the Supreme Court unanimously held this morning that a party claiming waiver of the right to arbitrate need not show…
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