Wage & Hour Litigation Blog

Category Archives: Arbitration Agreements

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U.S. Supreme Court Declines to Referee Slugfest Between Federal and California Courts on Enforceability of Arbitration Agreements

Posted in Arbitration Agreements

Co-authored by David D. Kadue and Simon L. Yang

On Tuesday, January 20, 2015, the Court declined to take the case of CLS Transportation Los Angeles, LLC v. Iskanian, in which an employer asked the Court to reverse a ruling of the California Supreme Court. At issue was whether an employee who has agreed to submit all employment-related claims to … Continue Reading

2014 Wage Hour Wrap Up

Posted in Arbitration Agreements, Conditional Certification, DOL Enforcement, Misclassification/Exemptions, Off-the-Clock Issues, Overtime, State Laws/Claims

Co-authored by Richard Alfred and Patrick Bannon

2014 saw no letup in the deluge of wage and hour litigation.  Year-to-year, federal wage and hour lawsuits filed in federal courts increased by another 4.7%, bringing the total increase in federal court wage and hour cases over the past decade to more than 238%.  With the increase in litigation in this area, … Continue Reading

Integral Clothes and Mistletoes: 2014 Year in Review

Posted in Arbitration Agreements, Decertification, Defenses, DOL Enforcement, Misclassification/Exemptions, Off-the-Clock Issues, Overtime

Authored by Alex Passantino

It’s the week before Christmas, and we’ve accepted our mission,
The annual wage hour “sum-up” composition.
And to start it all off, we’ve got something nice,
‘Cause the Supreme Court addressed wage and hour stuff twice.

The year started out with the first one of those;
As Justice Scalia answered “What counts as clothes?”
With … Continue Reading

Another Good Ruling for Employers Who Fear Class Arbitration

Posted in Arbitration Agreements

Authored by James Hlawek

If you are loathe to engage in class arbitration, as most employers are, then a recent California appeals court decision, Garden Fresh Restaurant Corp. v. Moreno, will come as good news.  The appeals court found that a judge, rather than an arbitrator, should decide whether class arbitration is permissible under an arbitration agreement that, like … Continue Reading

BREAKING NEWS RE CALIFORNIA CLASS ACTION WAIVERS: GENTRY IS DEAD; LONG LIVE PAGA.

Posted in Arbitration Agreements, State Laws/Claims

Co-authored by Colleen Regan and David Kadue

Gentry is dead.  Back in 2007, the California Supreme Court, in Gentry v. Superior Court held that California public policy favoring class actions was so important that employers cannot have employees, in arbitration agreements, waive their right to pursue a class action.  Many thought that the Gentry rule contradicted the Federal Arbitration Act, … Continue Reading

Preempt This! California Federal Court Holds that Federal Law Preempts State Law Rules Against Waivers in Arbitration Agreements

Posted in Arbitration Agreements

Co-authored by Christina F. Jackson and Julie G. Yap

While employers have been waiting patiently for the California Supreme Court’s decision regarding the enforceability of class and representative action waivers in arbitration agreements, last week, a California federal court jumped into the fray and held that state law rules are powerless against the broad preemptive power of the Federal … Continue Reading

Another One Bites the Dust: Central District of California Joins the Chorus of Courts Enforcing Class Action Waivers

Posted in Arbitration Agreements

Authored by Gena Usenheimer

In a decision that is becoming more and more commonplace, last week the Central District of California enforced a class action waiver in an arbitration agreement, rejecting the panoply of arguments raised by the plaintiff in opposition.

In Appelbaum v. AutoNation, Inc., et al., the plaintiff sought to representative a putative class of service technicians and … Continue Reading

Let’s Play Two: California Supreme Court Hears Oral Argument in Two Important Class Action Cases

Posted in Arbitration Agreements, Independent Contractors, Rule 23 Certification

Authored by Jim Harris

The California Supreme Court heard oral argument in two important cases involving employment-related class actions.  From the tenor of and comments made at the argument, it appears likely that the ultimate results will be a mixed bag for employers.

The first case, Iskanian v. CLS Transportation of Los Angeles, LLC, which we reported on late last … Continue Reading

Eleventh Circuit Compels Individual Arbitration Of FLSA Claims, Finding Plaintiffs Have No Substantive Right To Proceed Collectively

Posted in Arbitration Agreements

Co-authored by Christina Meddin and Louisa Johnson

On Friday, March 21, 2014, the Eleventh Circuit affirmed the dismissal of an FLSA putative collective action and compelled two employees’ claims to arbitration on an individual basis pursuant to the terms of an arbitration agreement.  The employees had argued that § 16(b) of the FLSA, which provides the mechanism for employees to … Continue Reading

D.R. Horton Rehears a Who: NLRB Files Petition for Rehearing with Fifth Circuit

Posted in Arbitration Agreements

Co-authored by Joshua Seidman and Nadia Bandukda

D.R. Horton Who?  Who is not the question here, it is why and what is going on with the NLRB saga?  Last week, the NLRB filed a petition for rehearing with the Fifth Circuit seeking reconsideration and reversal of the appellate court’s December 2013 decision regarding employee class action waivers. 

The Board’s petition … Continue Reading