News & Analysis as of

Wage and Hour Arbitration Fair Labor Standards Act (FLSA)

CDF Labor Law LLP

Employer Not Required to Initiate Arbitration Following Court-Ordered Arbitration

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The California Court of Appeal, Second Appellate District recently issued a clarifying decision in Michelle Arzate, et al. v. ACE American Insurance Company, addressing which party is responsible for initiating arbitration...more

Lathrop GPM

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

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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

Carlton Fields

Alabama Federal Court Seals and Approves FLSA Settlement Agreement, Addresses Confidentiality Provision

Carlton Fields on

The plaintiff was employed by defendant Pilot Catastrophe Services Inc. as an insurance claims adjuster, where she was responsible for inspecting property damage claims and providing damage estimates to insurance companies....more

Carlton Fields

Federal Court Rejects Argument That Subsequent Opt-Out of Arbitration Clause Precluded Arbitration

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The U.S. District Court for the Northern District of Illinois has rejected an argument that opting out of arbitration clauses precluded arbitration under prior arbitration agreements in a dispute between Uber drivers and...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

Alston & Bird

Class Action & MDL Roundup 2023 Q3 - Catching the Class Action Waive(r)

Alston & Bird on

Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the third quarter of 2023. In this edition, a mistake is just a mistake, “99.99%” isn’t 100% clear, and faxes aren’t always...more

Carlton Fields

Sixth Circuit Holds Validity of Employee’s Electronic Signature Creates Issue of Fact, Reverses Order Compelling Arbitration

Carlton Fields on

In Bazemore v. Papa John’s U.S.A. Inc., the Sixth Circuit Court of Appeals considered the plaintiff’s appeal of an order granting the defendant’s motion to compel arbitration and to dismiss the plaintiff’s complaint brought...more

Fox Rothschild LLP

Federal Preemption Defense In FLSA Lawsuit—Good Tactic!

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In any FLSA lawsuit involving unionized workers, the defense lawyer must always look for a preemption defense. That means that the lawsuit is not properly before a Judge because it involves union contract interpretation, the...more

Seyfarth Shaw LLP

Policy Matters Newsletter - July 2023

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After Lengthy Confirmation Fight, Brace For Intrusive EEOC Action. On July 13, the Senate finally confirmed attorney Kaplana Kotagal — whom we have had numerous occasion to discuss in this space — to join the Equal Employment...more

Marshall Dennehey

Third Circuit Holds Uber Drivers Are Not Exempt From Federal Arbitration Act and Are Subject to Binding Arbitration

Marshall Dennehey on

The Third Circuit joined the First and Ninth Circuits in holding that Uber drivers are not exempt from the Federal Arbitration Act (FAA) and, therefore, are subject to binding arbitration.  The plaintiffs in the underlying...more

Seyfarth Shaw LLP

Sixth Circuit Joins the Chorus of Appellate Decisions Requiring Arbitration to Be Assessed Before FLSA Notice Issues

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Seyfarth Synopsis: Businesses with arbitration programs often oppose the issuance of notice in FLSA collective actions on the ground that many potential recipients have binding arbitration agreements precluding them from...more

Payne & Fears

Key California Employment Law Case Studies: February 2023

Payne & Fears on

Helix Energy Solutions Group Inc. v. Hewitt, 143 Superior Court 677 (2023) - Summary - Employee was eligible for overtime pay under the Fair Labor Standards Act (“FLSA”) because his “daily-rate” plan did not satisfy...more

Jackson Lewis P.C.

Class Action Trends Report Winter 2023

Jackson Lewis P.C. on

In this issue of the Jackson Lewis Class Action Trends Report, we welcome the New Year and look back at the most significant developments affecting employment class and collective action litigation in 2022. We also look ahead...more

Payne & Fears

Key California Employment Law Case Summaries: September, October, and November 2022

Payne & Fears on

Summary - Where an employer can and does track the exact time in minutes that its employees work each shift, and those records show that employees were not paid for all the time they worked, neutral time rounding is not a...more

Fenwick & West LLP

Fall 2022 Employment Law Roundup

Fenwick & West LLP on

U.S. Department of Labor Publishes Proposed Rule on Independent Contractor Classification Under the Fair Labor Standards Act - On October 13, 2022, the U.S. Department of Labor (DOL) published a proposed rule updating the...more

Fisher Phillips

SCOTUS Review: 8 Key Rulings from Last Term that Impact the Workplace and 3 Issues We’re Watching

Fisher Phillips on

Many employers looked to the Supreme Court last term for clarity in cases with a significant impact on the workplace. The justices continued to shape the employment law landscape by ruling on an array of issues involving...more

Venable LLP

Text, Context, and Canons: Inside a Unanimous Supreme Court Decision

Venable LLP on

The end of the Supreme Court's term usually brings divided decisions. But in Southwest Airlines Co. v. Saxon, the whole Court agreed on both the result and the reasoning in a trim 11 pages....more

BakerHostetler

Supreme Court Resolves Whether an Airline Ramp Supervisor Falls Within the Transportation Worker Exemption of the FAA

BakerHostetler on

For years courts have been struggling to determine the proper application of the Section 1 exemption of the Federal Arbitration Act (FAA). See 9 U.S.C. § 1. Now the U.S. Supreme Court has brought some clarity to the analysis....more

Dorsey & Whitney LLP

The Supreme Court - June 6, 2022

Dorsey & Whitney LLP on

Southwest Airlines v. Saxon, No. 21-309: This case concerns the scope of the Federal Arbitration Act’s (FAA) exemption for certain interstate transportation workers - namely, “seamen, railroad employees, or any other class of...more

Ballard Spahr LLP

U.S. Supreme Court Ruling Denies Arbitration, Ramps Up Litigation

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For the second time in two weeks, the U.S. Supreme Court has ruled against a company seeking to compel individual arbitration of Fair Labor Standards Act (FLSA) collective action claims. In Southwest Airlines Co. v. Saxon,...more

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

Supreme Court of the United States Issues Important Decision on the Federal Arbitration Act

On June 6, 2022, the Supreme Court of the United States ruled that airline cargo loaders are exempt from the Federal Arbitration Act (FAA) under the statute’s “transportation worker” exemption. In Southwest Airlines Co. v....more

Troutman Pepper Locke

Déjà Vu in the Independent Contractor Misclassification Arena: August 2021 News Update

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The first three cases reported below regarding legal developments in August 2021 have four common denominators: the defendants are all large gig economy companies; plaintiffs’ class action counsel is the same; the lawsuits...more

Troutman Pepper Locke

Last Mile Independent Contractor Drivers Not Exempt From Arbitration: June 2021 News Update

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June was a relatively slow month in the area of independent contractor misclassification and compliance. But it produced what may turn out to be one of the more important judicial decisions in years affecting last-mile...more

Seyfarth Shaw LLP

Eleventh Circuit Clears the Road to Arbitration for Last-Mile Drivers

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Seyfarth Synopsis: Though it may sound esoteric, the question of whether “last mile” drivers fall within the Federal Arbitration Act’s transportation worker exemption bears tremendous consequence. If they are exempt, they...more

Troutman Pepper Locke

Direct Selling and Door-to-Door Sales Under Attack: May 2021 IC News Update

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Direct sellers and door-to-door salespersons are frequently classified as independent contractors – and that classification is increasingly under attack, both by class action lawyers and the U.S. Department of Labor, as...more

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