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Results:1-10 of 61

Supreme Court Rules in Favor of Employers in Upholding Arbitration Agreements Containing Class Action Waivers
  • Proskauer Rose LLP
  • USA
  • May 21 2018

On May 21, 2018, the Supreme Court of the United States ruled in Epic Systems Corp. v. Lewis that employers can require employees to arbitrate


California Employment Law Notes
  • Proskauer Rose LLP
  • USA
  • May 13 2018

Two delivery drivers for Dynamex filed this putative class action on behalf of similarly situated drivers, alleging that they were misclassified as


Fifth Circuit Instructs that, When Raised, Arbitrability is a Gateway Issue that Must Be Considered Prior to Conditional Certification in FLSA Collective Actions
  • Proskauer Rose LLP
  • USA
  • October 10 2016

On October 4, 2016, the Fifth Circuit in Reyna v. International Bank of Commerce instructed district courts that when the issue of arbitrability is


Reporters’ class action for unpaid overtime should not have been certified
  • Proskauer Rose LLP
  • USA
  • March 26 2013

Plaintiffs (reporters for the Chinese Daily News) alleged they were non-exempt employees entitled to overtime pay under the Fair Labor Standards Act


U.S. Supreme Court grants review on important mootness issue
  • Proskauer Rose LLP
  • USA
  • July 26 2012

The U.S. Supreme Court recently granted review in a Fair Labor Standards Act (FLSA) case in order to decide whether a case becomes moot, and thus beyond the judicial power of Article III of the United States Constitution, when the lone plaintiff receives an offer from the defendants to satisfy all of the plaintiff’s claims.


Third Circuit signals end to “hybrid” class action debate
  • Proskauer Rose LLP
  • USA
  • April 9 2012

In February 2011, we previously posted about two decisions from Hon. John E. Jones III, of the Middle District of Pennsylvania, who ruled that FLSA collective actions are inherently incompatible with state law wage and hour claims when brought in the same action i.e., so-called dual-filed or “hybrid” class actions.


California law should have been applied to determine if drivers were employees or independent contractors
  • Proskauer Rose LLP
  • USA
  • March 1 2012

Fernando Ruiz and similarly situated drivers filed a class action against Affinity alleging violations of the Fair Labor Standards Act and California law for failure to pay overtime, failure to pay wages, improper charges for workers' compensation insurance and unfair business practices.


Offer of judgment for full amount of class rep's claim did not moot class action
  • Proskauer Rose LLP
  • USA
  • September 9 2011

Gareth Pitts filed a class action against his employer, Terrible Herbst, Inc., alleging a collective action under the Fair Labor Standards Act for failure to pay overtime and minimum wages, a class action for violations of Nevada labor laws and a class action for breach of contract.


Decapitating class actions
  • Proskauer Rose LLP
  • USA
  • September 1 2011

One potential early approach to a class action is to "decapitate" it -- to knock out the claims of the class representative(s), often by finding some deficiency in their individual claim that supports a motion to dismiss or for summary judgment.


Recent cases show key role early trial plans play in FLSA class actions
  • Proskauer Rose LLP
  • USA
  • June 1 2011

Federal courts across the country are increasingly recognizing the impracticalities and fairnessdue process concerns that preclude managing wage and hour class trials, especially where plaintiffs' trial plan proposes "representative evidence" to prove class claims.