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2,280 results found

Article

Hunton Andrews Kurth LLP | USA | 19 Mar 2019

California Appellate Court Says PAGA Claims Can’t Be Compelled To Arbitration Without The State’s Consent

In a recent case, Correia v. NB Baker Electric, Inc., the California Court of Appeal held that employers cannot require employees to arbitrate their

Article

Reed Smith LLP | USA | 20 Nov 2018

Another Nationwide Class Action Bites the Dust Under BMS

Bexis saw Bohemian Rhapsody last week and, as a result, is suffering from multiple Queen earworms. One is from the title song itself - “Caught in a

Article

Baker & Hostetler LLP | USA | 25 Oct 2018

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.

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

Article

Hausfeld LLP | USA | 16 Aug 2018

When does stealth contracting for arbitration become too sneaky?

Over the past twenty years, the United States Supreme Court has construed the Federal Arbitration Act to permit arbitration of such previously

Article

Dinsmore & Shohl LLP | USA | 13 Aug 2018

An Epic Win for Employers

“Should employees and employers be allowed to agree that any disputes between them will be resolved through one-on-one arbitration? Or should

Article

Burns & Levinson LLP | USA | 30 Jul 2018

The Supreme Court Rules That Class Action Waivers Are Enforceable

As I noted in a prior post, the differences between arbitration and litigation go well beyond the fact that arbitration generally is a quicker and

Article

Porzio Bromberg & Newman PC | USA | 29 Jun 2018

U.S. Supreme Court Rules That Employers May Require Employees To Waive Class And Collective Actions And Individually Arbitrate Their Employment Claims

Defending against class actions or collective actions brought by large groups of employees alleging violations of wage and hour, as well as a variety

Article

Mintz | USA | 21 Jun 2018

SCOTUS Throws a Haymaker at “Class Arbitration”: a Waiver of Class Arbitration in an Employment-Related Agreement Is Indeed Enforceable

The majority of a divided (5-4) SCOTUS recently held that a waiver of “class arbitration” in agreed terms of employment is indeed enforceable. In

Article

Pillsbury | USA | 6 Jun 2018

Supreme Court Rescues the Collective Action Waiver in Employee Arbitration Agreements: Epic Systems v. Lewis resolves a circuit split

In Epic Systems v. Lewis, the Supreme Court narrowly upheld the enforceability of pre-dispute arbitration agreements that require employees to bring

Article

Kilpatrick Townsend & Stockton LLP | USA | 25 May 2018

Supreme Court Approves Employers’ Use of Class-Action Waivers in Arbitration Agreements

In a highly anticipated opinion, the U.S. Supreme Court ruled on May 21, 2018, that employers may require employees to enter into arbitration

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