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Wage and Hour › Jurisdiction › Arbitration

Jackson Lewis P.C.

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

Jackson Lewis P.C. on

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

Seyfarth Shaw LLP

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

Seyfarth Shaw LLP on

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

Bennett Jones LLP

Pumping the Procedural Brakes: Arbitration Clause Stays Potential Uber Class Action

Bennett Jones LLP on

Will an arbitration provision in a services agreement between Uber and its drivers prevent the drivers from bringing a class action for being misclassified as contractors? The Ontario Superior Court recently addressed this...more

Carlton Fields

Third Circuit Rejects Contractor’s Challenge To Arbitral Jurisdiction Based On Failure To Comply With Agreement’s Procedural...

Carlton Fields on

The Third Circuit affirmed a lower court’s ruling against a contractor challenging an arbitrator’s authority in ordering payment of delinquent contributions to employee benefit funds. Plaintiff (“Nolt”) signed a Project Labor...more

BakerHostetler

Sixth Circuit Refuses to Uphold Collective Action Waiver Absent Arbitration

BakerHostetler on

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

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