In this issue of the Class Action Trends Report, Jackson Lewis attorneys discuss recent developments in arbitration and their impact on employment class actions. These include the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, several impactful U.S. Supreme Court decisions, and the emergence of mass arbitration.
Access the latest
The U.S. House of Representatives on November 19, 2021, passed the Build Back Better Act (H.R. 5376), ambitious climate protection/social spending legislation that now awaits deliberation in the Senate. Tucked inside the massive bill are numerous provisions of interest to employers. One such provision would amend the National Labor Relations Act (NLRA) to
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
We hope you will be able to join us this year at one of our 2015 Employment Class Action Spring Summits. These programs provide deeply substantive, extremely practical, and cutting edge solutions to class action litigation. Our firm is defending hundreds of class action cases around the country so you will hear from our very
On February 26, 2014, Jackson Lewis will host its California Employment Class Action Summit at The Pacific Club in Newport Beach, CA. Experienced Jackson Lewis class action litigators will present on a variety of topics including:
In reversing the NLRB’s determination that D.R. Horton, the national home-builder, violated the National Labor Relations Act (“NLRA”) by requiring employees to sign an arbitration agreement that prohibited them from pursuing claims in class or collective actions, the Fifth Circuit held that “the Board’s decision did not give proper weight to the Federal Arbitration Act,”
On November 8, 2013, Jackson Lewis held its Employment Class Action Summit: Key Strategies for Defending Class Actions at the Grand Hyatt in New York City. The purpose of the event was to inform attendees of the significant trends in employment class action litigation and offer key pre- and post-litigation defense strategies. Experienced Jackson
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
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,
The U.S. Supreme Court, with Justice Elena Kagan writing for an unanimous Court, ruled that an arbitrator did not exceed his powers under § 10(a)(4) of the Federal Arbitration Act (“FAA”) when he allowed for class arbitration based upon an interpretation of the broad contractual language in an arbitration agreement. Oxford Health Plan LLC v.