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Yet Another Opinion Addresses the Availability of Class or Collective Arbitration and Whether It Is a ‘Gateway Issue’ for the Court - Herrington v. Waterstone Mortgage Corp.
  • Baker & Hostetler LLP
  • USA
  • October 25 2018

We didn't expect to be discussing class or collective arbitration issues so soon, but we have repeatedly underestimated the resilience of these


What Is the State of Joint Employment?
  • Baker & Hostetler LLP
  • USA
  • October 7 2018

Each January, the President gives a State of the Union Address to a joint session of Congress. Throughout the speech, as the President touts his


The BakerHostetler Quarterly New York Employment Law Newsletter
  • Baker & Hostetler LLP
  • USA
  • October 5 2018

The Equal Opportunity Employment Commission (EEOC) has announced that sexual harassment filings have increased with the federal agency...


The Legality of Class Action Waivers in Arbitration Agreements - SCOTUS Finally Speaks
  • Baker & Hostetler LLP
  • USA
  • May 21 2018

The controversy surrounding the validity of employment arbitration agreements with class action waivers has been simmering since at least 2012. Now


Supreme Court Upholds Legality of Class Action Waivers in Arbitration Agreements in the Employment Context
  • Baker & Hostetler LLP
  • USA
  • May 21 2018

The controversy surrounding the validity of employment arbitration agreements with class action waivers has been simmering at least since 2012. Now


Budget Bill Imposes Sweeping Requirements on Employers Related to Sexual Harassment
  • Baker & Hostetler LLP
  • USA
  • April 23 2018

The MeToo movement is not finished making waves just yet. Governor Cuomo signed a 2019 Budget Bill on April 12, 2018, but the bill did not limit


Convergys Corporation and LogistiCare Solutions, Incorporated v. NLRB - The Fifth Circuit Considers Class and Collective Action Waivers Without Arbitration Agreements
  • Baker & Hostetler LLP
  • USA
  • August 15 2017

The U.S. Court of Appeals for the Fifth Circuit decided two cases considering the impact of the National Labor Relations Act (NLRA) on class or


Digging In Its Heels: Disputing The DOJ’s Position, The NLRB Remains Defiant In Supreme Court Brief That Individual Arbitration Agreements Violate Employee Rights Under The NLRA
  • Baker & Hostetler LLP
  • USA
  • August 11 2017

On August 9 the National Labor Relations Board (NLRB or Board) filed its responsive brief in one of three cases before the Supreme Court that may


DOJ Changes Position in a Class Waiver Case Pending Before the Supreme Court
  • Baker & Hostetler LLP
  • USA
  • June 20 2017

Last Friday, the U.S. Department of Justice (DOJ), in a rare move, changed its position in a class waiver case pending before the U.S. Supreme Court


Sixth Circuit Adds to Circuit Split About the Enforceability of Class and Collective Action Waivers in Employment Arbitration Agreements
  • Baker & Hostetler LLP
  • USA
  • June 6 2017

The Sixth Circuit just became the third federal court of appeals to hold that an arbitration provision requiring employees covered by the National