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Employment Class Action Blog Blog

Articles: 1-10 of 121

Off-the-Clock Cases Stumble

USA - April 9 2018 In virtually every case, so-called off-the-clock disputes come down to the situations of individuals rather than classwide conduct. An employee may…

Supreme Court Exemption Decision Could Have Broader Repercussions

USA - April 2 2018 Need FLSA exemptions be narrowly construed? On April 2, the United States Supreme Court issued its decision on the issue of whether the Fair Labor…

Who Decides the Availability of Class Arbitration? Second Circuit’s Analysis Is a Bit Murky in Wells Fargo Advisors Cases

USA - March 9 2018 For years, courts have struggled with who decides the availability of class arbitration and the applicable standards. We most recently addressed the…

Independent Contractor Trucker Class Action that Dodged FAA Arbitration Now Moves to the Supreme Court

USA - February 28 2018 As we await the Supreme Court’s decision on the enforceability of class action waivers, the Court has accepted certiorari on another…

Second Circuit Affirms Summary Judgment in Putative Internship Class

USA - December 12 2017 Four years ago, a wave of cases involving unpaid internships looked to be the next “big thing.” As those cases sputtered, however, and employers…

New Bill Would Outlaw Mandatory Arbitration Agreements For Sex Discrimination Disputes - Is A Poorly Constructed Bill The Right Cure For The Disease?

USA - December 8 2017 Prior bills have attempted, unsuccessfully, to eliminate individual arbitration as a means to resolve employment disputes. Senator Al Franken…

The Ninth Circuit Rules That both an Arbitrator and a Trial Court May Have a Role in a Case with Individual and PAGA Claims

USA - November 29 2017 Employers, plaintiffs, and courts continue to grapple with the difficult issue of the interplay between the California Private Attorneys General Act…

Court Grants Summary Judgment For Employer In Tip Credit Collective Action

USA - November 9 2017 With scores of collective actions being filed every month and many courts willing to issue conditional certification on even very weak claims, it’s…

California Court Denies Conditional Certification of “Regular Rate” Overtime Case

USA - November 6 2017 With waves of cases already having addressed common targets for wage and hour litigation - assistant managers, healthcare workers, loan officers…

The Next Employment Class Action Lawsuit That Will Blindside You

USA - November 2 2017 Do any of your office systems involve fingerprint scans or facial recognition? If so, and if you have any Illinois business operations, you may soon…