News & Analysis as of

Collective Actions Arbitration Agreements

Perkins Coie

Ninth Circuit Clarifies FLSA Collective Action Certification and Jurisdiction

Perkins Coie on

Key Takeaways - - The Ninth Circuit reaffirmed the “near-universal” two-step process for managing FLSA collective actions. - The Ninth Circuit held that district courts are not required to conclusively determine...more

Jackson Lewis P.C.

[Event] Workplace Horizons 2025 - April 30th - May 2nd, New York, NY

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The leading educational and networking conference — from the premier firm for employment + labor law - Join us at Workplace Horizons 2025, where attorneys, in-house counsel and HR leaders come together to share and solve...more

ArentFox Schiff

Understanding Arbitration and Equitable Estoppel: Lessons From Gonzalez v. Nowhere Beverly Hills LLC

ArentFox Schiff on

Employment arbitration agreements are an important tool for employers who wish to resolve workplace disputes in a more streamline fashion and, more importantly, avoid class and collective actions. However, enforcing...more

Lathrop GPM

Michigan Federal Court Grants Domino’s Motion to Compel Arbitration but Denied Motion to Dismiss Claims and Motion for Sanctions

Lathrop GPM on

A federal court in Michigan recently granted Domino’s motion to compel arbitration of a collective action relating to wage claims but denied Domino’s motion for sanctions and motion to dismiss, instead staying the case...more

Proskauer - California Employment Law

Employer May Not Challenge Voided Employment Agreements Via Interlocutory Appeal

Dominguez v. Better Mortgage Corp., 88 F.4th 782 (9th Cir. 2023) - Underwriter Lorenzo Dominguez filed this putative class and collective action against his former employer, alleging that the company failed to pay proper...more

ArentFox Schiff

Class Action Year in Review: Labor & Employment - March 2024

ArentFox Schiff on

The use of arbitration agreements between employers and employees is a long-standing practice that has become an integral part of employment dispute resolution across the country. Employers often use arbitration agreements...more

Falcon Rappaport & Berkman LLP

Navigating the Challenges of California’s PAGA Law: Insights for Employers

California’s Private Attorneys’ General Act, or PAGA, just celebrated its 20th birthday despite repeated, failed attempts at its repeal. California’s Labor Code is among the strictest in the nation and California law affords...more

Proskauer - California Employment Law

January 2024 California Employment Law Notes

A Single Incident Of Harassing Conduct May Create A Hostile Work Environment - Beltran v. Hard Rock Hotel Licensing, Inc., 97 Cal. App. 5th 865 (2023) - Stephanie Beltran, a server at the Hard Rock Hotel in Palm...more

Kohrman Jackson & Krantz LLP

Sixth Circuit Creates New Standard for Certification Process in FLSA Collective Actions

The United States Court of Appeals for the Sixth Circuit recently made a significant decision regarding the certification procedure for collective actions under the Fair Labor Standards Act (FLSA). In the case of Clark v. A&L...more

Jackson Lewis P.C.

Sixth Circuit Adopts New Standard to Decide Whether to Send Notice to Potential FLSA Opt-Ins

Jackson Lewis P.C. on

In a highly anticipated decision, the U.S. Court of Appeals for the Sixth Circuit has ruled it will not use the lenient, two-step procedure in deciding whether to authorize sending notice of a collective action to other...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California High Court to Decide Viability of PAGA: Will Arbitration Agreements Still Serve as a Protective Shield for Employers?

There is a new, but not entirely unexpected, front in the continuing war over California Labor Code Private Attorneys General Act (PAGA) claims. On July 20, 2022, the California Supreme Court granted review in Adolph v. Uber...more

Fisher Phillips

Viking Cruises to a Win for California Employers: Supreme Court Closes PAGA’s Backdoor to Avoid Arbitration Agreements (For Now)

Fisher Phillips on

Employers can enforce arbitration agreements in California to the extent they require an employee to arbitrate individual claims under the state’s Private Attorneys General Act (PAGA), according to an 8 to 1 SCOTUS ruling...more

Miller Canfield

Supreme Court Rejects Prejudice Requirement for Waiver of Arbitration Agreement

Miller Canfield on

In Morgan v. Sundance, Inc., decided May 23, a unanimous Supreme Court addressed the standard for determining whether a party has waived its right to arbitrate a controversy by first engaging in litigation. Overruling...more

BakerHostetler

Supreme Court Holds Prejudice Not Required for Waiver of Right to Arbitrate - But Does Little Else

BakerHostetler on

In a much-anticipated opinion, the Supreme Court unanimously held that a party claiming waiver of the right to arbitrate need not show prejudice, in Morgan v. Sundance, Inc., Case No. 21-328 (May 23, 2022). While the holding...more

Jackson Lewis P.C.

U.S. Supreme Court Holds Waiver of Arbitration Rights Does Not Require Showing of Prejudice

Jackson Lewis P.C. on

A party is not required to show prejudice to establish that an opposing party has waived its right to arbitrate by litigating in court, the U.S. Supreme Court has held in a unanimous decision....more

Vinson & Elkins LLP

Top 3 Questions You Should be Asking about the New Federal Act Invalidating Mandatory Arbitration and Class Action Waivers of...

Vinson & Elkins LLP on

President Biden is imminently expected to sign into law the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act” (the “Act”), which will have significant, immediate ramifications for employers who have...more

Fisher Phillips

Snapshot on Manufacturing Industry: February 2022

Fisher Phillips on

Welcome to FP Snapshot on Manufacturing Industry, where we take a quick snapshot look at the most significant workplace law developments over the past month with an emphasis on how they impact manufacturers. OSHA Penalties...more

Morrison & Foerster LLP

Practical Considerations for Navigating the Upcoming Federal Ban on Predispute Arbitration and Class Action Waivers of Sexual...

On Thursday, February 10, 2022, the United States Senate passed H.R. 4445, which will amend the Federal Arbitration Act (FAA) to ban all pre-dispute arbitration agreements and class and collective action waivers covering...more

Proskauer - California Employment Law

House Passes Bill Barring “Mandatory Arbitration” in Sexual Assault and Harassment Cases

On February 7, 2022, in a 335-97 vote, the U.S. House of Representatives passed a bipartisan bill (“Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021”), which would prohibit “mandatory arbitration”...more

Jackson Lewis P.C.

Build Back Better Act Update: Class Waiver Provisions Gone, Penalty Increases Remain

Jackson Lewis P.C. on

The Senate Committee on Health, Education, Labor, and Pensions has released its version of the Build Back Better bill and it does not contain the provision regarding class or collective action waivers in the version passed by...more

Jackson Lewis P.C.

U.S. Supreme Court to Consider Whether Airline Ramp Worker Meets FAA Transportation Worker Exemption

Jackson Lewis P.C. on

Do an airline’s ramp workers qualify as “transportation workers” exempt from the Federal Arbitration Act (FAA)? The U.S. Supreme Court has granted an airline’s petition for review to resolve this question. Southwest...more

Parker Poe Adams & Bernstein LLP

U.S. House Considers Limiting Mandatory Arbitration Agreements

Since the Supreme Court’s 2018 decision in Epic Systems v. Lewis, which deemed class action waivers in employment agreements permissible, employers have increasingly relied upon mandatory arbitration provisions to limit...more

Jackson Lewis P.C.

Ninth Circuit Upholds Arbitration For Non-Signatory Defendant

Jackson Lewis P.C. on

California law is not typically seen as amiable to compelling employees to arbitrate their claims. However, in Franklin v. Community Regional Medical Center, ___ F.3d___(9th Cir. 2021), the Ninth Circuit panel upheld a motion...more

Foley & Lardner LLP

The Protecting the Right to Organize (PRO) Act Gains Momentum

Foley & Lardner LLP on

U.S. House and Senate Democrats recently reintroduced the union-friendly Protecting the Right to Organize (PRO) Act of 2021. According to its sponsors, the PRO Act “restores fairness to the economy by strengthening the...more

Genova Burns LLC

When Facing a Class Action Law Suit - Don't Initiate; Just Arbitrate

Genova Burns LLC on

On Monday, a New Jersey federal judge ruled that 151 plaintiffs in a FLSA collective action against Francesca’s must arbitrate its wage and hour claims. Notably, the arbitration agreements were signed at varying points in...more

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