Jurisdiction, Fair Labor Standards Act (FLSA), Arbitration Agreements

Nationwide FLSA Lawsuits Just Got Harder—Here’s Why - #WorkforceWednesday® - Employment Law This Week®

Epstein Becker & Green on 8/6/2025

This week, we examine a recent pivotal ruling by the U.S. Court of Appeals that could significantly influence how employers handle Fair Labor Standards Act (FLSA) collective actions. Nationwide FLSA Lawsuits Just Got...more

Ninth Circuit Hands Employers Split Decision on Key Procedural Aspects of FLSA Collective Actions

Jackson Lewis P.C. on 8/4/2025

A recent decision by the U.S. Court of Appeals for the Ninth Circuit hit a trifecta of important legal procedures affecting litigation of Fair Labor Standards Act (FLSA) collective actions. Harrington v. Cracker Barrel Old...more

Ninth Circuit Weighs In On Circuit Split Involving FLSA Collective Action Jurisdictional Requirements

Vedder Price on 7/10/2025

On July 1, 2025, the U.S. Court of Appeals for the Ninth Circuit joined the majority of federal appellate courts holding that courts must establish personal jurisdiction over the claims of each member of a collective action...more

Ninth Circuit Clarifies FLSA Collective Action Certification and Jurisdiction

Perkins Coie on 7/8/2025

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

SCOTUS to Address Circuit Split Over Arbitration Waiver

Lowenstein Sandler LLP on 2/1/2022

Arbitration clauses in commercial and consumer contracts can be an effective tool for limiting the time and expense associated with litigation. However, parties always may decide to litigate, assuming neither party seeks to...more

This Week at the Ninth: Arbitration and Declarations

Morrison & Foerster LLP - Left Coast Appeals on 5/21/2021

This week, we take a look at an opinion examining whether the Department of Labor can be held to workers’ arbitration agreements, and a decision considering whether courts have jurisdiction to issue declaratory judgments...more

Fifth Circuit Keeps the Horse Before the Cart: Arbitration to be Decided Before Conditional Certification

Seyfarth Shaw LLP on 5/7/2018

Seyfarth Synopsis: In an important decision for employers seeking to enforce arbitration agreements and limit wage and hour exposure and related defense costs, the U.S. Court of Appeals for the Fifth Circuit reaffirmed that...more

Sixth Circuit Refuses to Uphold Collective Action Waiver Absent Arbitration

BakerHostetler on 8/11/2014

My working title for this blog was “collective action grab bag,” concerning the recent Sixth Circuit case in Killion v. KeHE Distributors, LLC, Case Nos. 12-3357/4340 (6th Cir. July 31, 2014). I went with the title that...more

Third Circuit Holds that Courts, Not Arbitrators, Should Rule on Classwide Arbitration

Ballard Spahr LLP on 8/6/2014

In Opalinski v. Robert Half International, Inc., the United States Court of Appeals for the Third Circuit held that where an arbitration clause is silent as to the availability of classwide arbitration, that issue should...more

Jurisdiction › Fair Labor Standards Act (FLSA) › Arbitration Agreements

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