Tag Archives: arbitration

Workplace Law Under a Biden Administration

As President-elect Joe Biden selects members of his Cabinet and prepares for his transition into the presidency, he and a Democratic majority in the House of Representatives may pursue a number of significant pieces of federal workplace legislation. Many of these employment law measures successfully passed the House in 2019 and 2020. And, with the … Continue Reading

Fifth Circuit: Arbitrator Properly Interpreted Arbitration Agreement to Allow for Collective Claims

Consistent with the terms of the arbitration agreement at issue, an hourly fuel tech and driver is entitled to arbitrate collective claims alleging that his employer violated the Fair Labor Standards Act (FLSA), the federal appeals court in New Orleans has ruled.  Sun Coast Resources Inc. v. Roy Conrad, No. 19-20058 (5th Cir. Apr. 16, … Continue Reading

Seventh Circuit Issues New Standard on Class Notice to Employees who Signed Arbitration Agreements

The U.S. Court of Appeals for the Seventh Circuit, in a case of first impression, has developed a required framework for a district court to evaluate a plaintiff’s request that the court authorize notice to putative class members who have entered into arbitration agreements with their employer. The Seventh Circuit held on January 24, 2020, … Continue Reading

Supreme Court’s Epic Systems Decision on Arbitration Interpreted Broadly by Labor Board

An employer may lawfully issue to its employees a new or revised mandatory arbitration agreement containing a class- and collective-action waiver specifying that employment disputes are to be resolved by individualized arbitration, even if it was in response to employees opting into a collective action (such as a wage lawsuit), the National Labor Relations Board … Continue Reading

Second Circuit Upholds FLSA Collective Action Waivers

The United States Court of Appeals for the Second Circuit issued its much-anticipated decisions in Sutherland v. Ernst & Young and Raniere v. Citigroup Inc. affirming the use of Fair Labor Standards Act (“FLSA”) collective action waivers contained in arbitration agreements. For an excellent summary of the Second Circuit rulings, visit Jackson Lewis’ Wage and Hour … Continue Reading

U.S. Supreme Court Re-Affirms Class Action Waivers in Arbitration Agreements; Rejects Effective-Vindication Rule

Again applying the Federal Arbitration Act (“FAA”) to uphold agreements requiring parties to arbitrate their disputes rather than litigate them in court, the U.S Supreme Court has held that the FAA prohibits courts from invalidating a contractual waiver of class arbitration because the cost of arbitrating a federal statutory claim individually exceeds the potential recovery, even if the effect of enforcing … Continue Reading
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