News & Analysis as of

Employment Litigation Settlement Negotiations

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

Two Recent CHRT Rulings Rein in Over-Broad Human Rights Litigation - What Employers Should Know

Employers that defend against human rights complaints often find themselves grappling with pleadings and submissions that wander well beyond the events the complainant experienced. ...more

Miles Mediation & Arbitration

So, You Want to Be a Mediator: How to Start a Mediation Practice

I often joke that I decided to be a mediator when I realized that scripture says, “blessed are the peacemakers” and not “blessed are the litigators.” The truth, however, is that I wanted to be a mediator since the day I...more

Seward & Kissel LLP

Employment Litigation Roundup: December 2024

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Arizona employer cannot exclude settlement communications from former employee’s retaliation complaint - In Flores v. Rafi Law Group PLLC, the plaintiff accused her law firm employer of retaliating against her by (i)...more

BakerHostetler

It’s Settled: A PAGA Plaintiff Has No Right to Intervene, Vacate or Object to Another PAGA Plaintiff’s Settlement, Affirms the...

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In a welcome win for employers, the California Supreme Court recently blocked a PAGA plaintiff’s attempt to intervene and object to another PAGA plaintiff’s proposed settlement as a matter of right, in Turrieta v. Lyft, Inc.,...more

Fisher Phillips

California Supreme Court Hands Employers Rare PAGA Win by Limiting Powers of Additional Non-Party Plaintiffs

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The California Supreme Court just held that a plaintiff in one PAGA action does not have the right to intervene or object to a judgment in a similar action even if a settlement or other resolution in that similar case results...more

Constangy, Brooks, Smith & Prophete, LLP

Three often overlooked keys for a successful mediation

“Millions for defense, but not one cent for tribute.” That slogan became a rallying cry for Federalists during the XYZ Affair in 1798. Way back then, France and England were at war. What a surprise. The fledgling United...more

NAM (National Arbitration and Mediation)

The Room Where Mediation Happens: 2020 Insights For A Successful Employment Dispute Resolution

Mediation of employment disputes is not an exact science, there is no magic formula, and to paraphrase the song from the Broadway show Hamilton, no one knows how the parties get to “yes” because no one else is in “the room...more

Jaburg Wilk

Tips for a Successful EEOC Mediation

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After an EEOC charge is filed, the EEOC may elect to hold mediation at their offices if both parties are willing. Mediation may resolve the dispute without the need for litigation. To improve the chance of a successful...more

Seyfarth Shaw LLP

Small Claims? Low Recovery? Big Fees!

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Seyfarth Synopsis: The Second Circuit held that attorneys’ fee awards in FLSA settlements are not limited by principles of “proportionality” between the fees and the amount of the settlement or subject to a 1/3 cap....more

Lewitt Hackman

Sexual Harassment and Discrimination Do NOT Pay Off – Just Ask the DFEH

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We previously wrote about Riot Games’ $10,000,000 settlement of a class action lawsuit for alleged discrimination, retaliation and harassment....more

FordHarrison

Judicial Approval Not Required for Offers of Judgment in FLSA Cases

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On December 6, 2019, a sharply divided panel of the Second Circuit (covering New York, Connecticut, and Vermont) ruled that judicial approval of Fair Labor Standard Act (FLSA) settlements resolved under Federal Rule of Civil...more

Seyfarth Shaw LLP

Second Circuit: No Court Review Needed for FLSA Settlements by Offer of Judgment

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Seyfarth Synopsis: The Second Circuit held that FLSA settlements pursuant to Rule 68 Offers of Judgment do not require judicial approval.  The Court distinguished such settlements from Rule 41 stipulated dismissals, which...more

Fisher Phillips

Shadow of Dynamex Creeps Over Uber’s Proposed $20M Million Settlement

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Last week, we shared with you the news of Uber’s proposed $20 million settlement to resolve a long-running misclassification claim – the parties agreed to the deal, and they just needed the approval of a federal court judge....more

Littler

Annual Report on EEOC Developments – Fiscal Year 2018

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This Annual Report on EEOC Developments—Fiscal Year 2018 (hereafter “Report”), our eighth annual publication, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does...more

Seyfarth Shaw LLP

A Unique Approach to Class-wide Settlement?

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Seyfarth Synopsis: On January 18, 2019, in Porath v. Logitech, Case No. 18-CV-3091 (N.D. Cal. Jan. 18, 2019), Judge William Alsup of the U.S. District Court for the Northern District of California rejected, for the second...more

Seyfarth Shaw LLP

Dollars And Sense: Federal Court Refuses To Enjoin State Court Squabble Over Attorneys’ Fees

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Seyfarth Synopsis: In a TCPA class action where final settlement (including attorneys’ fees) had already received final approval, a federal district court in California denied class counsel’s request to enjoin a pending...more

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