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
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
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
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.
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 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
Authored by Alex Passantino
It’s the week before Christmas, so you know it’s the time
For our review of the year—our wage-hour rhyme.
Our look-back on issues from the past 52 weeks
That grabbed the attention of you wage-hour geeks.
Employers that want to use traditional bilateral arbitration to resolve employment disputes won an important victory yesterday: the Fifth Circuit overturned the National Labor Relations Board’s controversial D.R. Horton decision. Nothing in federal labor law, the Fifth Circuit ruled, forbids employers and employees from agreeing to resolve disputes through individual rather … Continue Reading
Authored by Patrick Bannon
Can an employer that has agreed to arbitrate “all disputes” with its employees be required to participate in “class arbitration,” even if its arbitration agreement doesn’t mention class proceedings? The answer often depends on who decides the question.
Arbitrators sometimes find that standard arbitration clauses amount to agreements to participate in class arbitration, even when the … Continue Reading
Authored by Arthur J. Rooney
It seems like every few months we’re writing about another pro-arbitration decision. A few months ago, for example, we wrote about the Supreme Court’s decision in American Express Co. v. Italian Colors Restaurant, which held that class action waivers in arbitration agreements are enforceable under the Federal Arbitration Act (FAA) even if individual arbitration is … Continue Reading