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Drinker Biddle & Reath LLP | USA | 14 Mar 2019

Arbitration Provisions: Applicable to Independent Contractors or Not?

A group of security workers for the National Football League urged Judge Andrew L. Carter, Jr. Of the Southern District of New York to deny the NFL's


Kilpatrick Townsend & Stockton LLP | USA | 26 Nov 2018

Reading between the lines: the Seventh Circuit’s recent class arbitrability ruling suggests a paradigm for squaring delegation clauses with class action waivers

In the wake of the U.S. Supreme Court’s continued vigorous enforcement of class action waivers, more and more corporate parties can be expected to


K&L Gates | USA | 8 Nov 2018

Expounding on Arbitrability: The Seventh Circuit Joins the Growing Ranks of Circuit Courts Finding that Courts Presumptively Decide the Availability of Class Arbitration

The U.S. Supreme Court has issued numerous decisions over the past decade addressing arbitration agreements. 1 In one of the Roberts Court’s first


Morrison & Foerster LLP | USA | 30 Oct 2018

Annual California Legislative Recap

Another year has passed in the California Legislature, with new laws and amendments affecting California employers. Among the more significant changes


Vinson & Elkins LLP | USA | 4 Oct 2018

Lesson Learned: Class Waiver Provision Saves Uber in FLSA Misclassification Cases

A major battle is being waged in California over the business model of ride share companies and by proxy, the future of the gig economy (we have


Baker McKenzie | USA | 17 Sep 2018

Sixth Circuit Upholds Mandatory Arbitration Of FLSA Claims

In August, the United States Court of Appeals for the Sixth Circuit (covering Kentucky, Michigan, Ohio and Tennessee) upheld an arbitration agreement


Jackson Lewis PC | USA | 29 Aug 2018

Just as with the NLRA, the FLSA Does Not Preclude Collective Action Waivers in Arbitration Agreements, Sixth Circuit Holds

In a natural extension of the Supreme Court’s recent conclusion that the NLRA does not preclude the use of class or collective action waivers in


Porter Wright Morris & Arthur LLP | USA | 17 Aug 2018

Sixth Circuit upholds agreement to arbitrate FLSA claims on individual basis

On Aug. 15, 2018, the Sixth Circuit in Gaffers v. Kelly Services, Inc. held that the Fair Labor Standards Act (FLSA) does not render an arbitration


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


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

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