Follow

Employment Class Action Blog Blog

Articles: 1-10 of 265

Third Circuit Rejects District Court’s Trial-Before-Certification Plan

USA - October 20 2021 Years ago, employers argued unsuccessfully that plaintiffs should not be able to pursue so-called hybrid claims pursuing both Rule 23 opt-out classes…

The Fifth Circuit Again Considers the ‘Forby’ Case and When the Right To Arbitrate Is Waived Based on an Amended Complaint

USA - October 8 2021 As we have said in the past, determining when a party waives its right to arbitrate is never easy and the nuanced standards vary among the circuits…

Divided Ninth Circuit Reinstates Part of California’s Anti-Arbitration Law

USA - September 22 2021 For many years, state and federal courts in California have opposed arbitration and have manufactured frameworks under which they become…

Spending Bill Would Place Class Action Waivers in Jeopardy

USA - September 10 2021 Only three years ago, the Supreme Court reversed the holdings of a large number of lower courts and held that class action waivers in arbitration…

Court Refuses to Certify Class for Allegedly Defective Flight Attendant Uniforms Claims About Uniforms Not Themselves Uniform

USA - August 20 2021 The United States District Court for the Western District of Wisconsin has refused to grant certification in a two-year-old dispute over uniforms for…

Sixth Circuit Limits Scope of Putative Nationwide FLSA Collective Actions on Personal Jurisdiction Grounds

USA - August 18 2021 Four years ago, in Bristol-Myers Squibb v. Superior Court, 137 S. Ct. 1773 (2017), the United States Supreme Court addressed an effort by plaintiffs…

While the Ninth Circuit Added Clarity in Its Recent Uber Opinion, Legislative Challenges to Mandatory Arbitration May Be Ahead

USA - August 11 2021 A U.S. Court of Appeals for the Ninth Circuit panel ruled that Uber Technologies drivers don’t fall within the Section 1 exemption of the Federal…

Has the 11th Circuit Clarified the Transportation Worker Exemption of the FAA or Just Created a Circuit Split?

USA - July 19 2021 In a published June 22 opinion, the Eleventh Circuit laid out a clear test for the Federal Arbitration Act (FAA) Section 1 exemption. It answered the…

California Employers Must Pay Meal and Rest Period Premiums at the Regular Rate of Pay

USA - July 15 2021 When a California nonexempt employee is not provided a meal or rest period, Cal. Labor Code 226.7 requires an employer to pay a penalty to that…

District Court Rejects Conditional Certification of FLSA Claims Inserted into Data Breach Class

USA - July 1 2021 Here’s a novel approach: What if you have an “off the clock” case where the court disfavors certification? Can you simply tack them onto claims in…