In a recent win for employers, a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit highlighted how companies can use “incorporation by reference” to enforce arbitration agreements against workers who did...more
9/12/2025
/ Appeals ,
Appellate Courts ,
Arbitration Agreements ,
Binding Arbitration ,
Contract Disputes ,
Contract Drafting ,
Contract Terms ,
Corporate Counsel ,
Dispute Resolution ,
Employment Contract ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Federal Arbitration Act ,
Independent Contractors ,
Non-Signatories ,
Pre-Dispute Arbitration
Another federal appellate court has rejected the Lusardi approach to managing collective actions under the Fair Labor Standards Act and the Age Discrimination in Employment Act.
In Richards v. Eli Lilly & Co., the U.S....more
8/13/2025
/ ADEA ,
Age Discrimination ,
Appellate Courts ,
Class Action ,
Collective Actions ,
Corporate Counsel ,
Discovery ,
Employment Discrimination ,
Employment Litigation ,
Evidence ,
Fair Labor Standards Act (FLSA) ,
Litigation Strategies ,
Notice Requirements
A recent decision from the U.S. Court of Appeals for the Seventh Circuit offers a welcome measure of protection for employers in overtime claims brought under the Fair Labor Standards Act. The court’s opinion highlights the...more
2/20/2025
/ Appeals ,
Appellate Courts ,
Compliance ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Over-Time ,
Recordkeeping Requirements ,
Summary Judgment ,
Wage and Hour
A federal appeals court recently refused to let a mortgage broker send its former employee’s disability discrimination lawsuit to arbitration, stating the company waived its right to arbitration when it actively participated...more