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Category Archives: Arbitration Agreements

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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

Donning Your Kerchief and Doffing Your Cap: 2013 Year in Review

Posted in Arbitration Agreements, Damages, Off-the-Clock Issues, Offer of Judgment, Overtime, Rule 23 Certification, State Laws/Claims

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.

Leading us off is no big surprise:
FLSA filings continue to rise.
A 10% bump; they’re not going away,
Continue Reading

Horton Hears a Reversal: The Fifth Circuit Overturns the National Labor Relations Board’s Controversial D.R. Horton Decision

Posted in Arbitration Agreements, Jurisdiction

Co-authored by Richard L. Alfred and Patrick J. Bannon

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

(Arbitration) w/10 (Important Win For Employers): Sixth Circuit’s Reed Elsevier Decision Adds to Collection of Rulings Favoring Individual Arbitration

Posted in Arbitration Agreements

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

Employers Still Need To Be Conscious Of Unconscionable Arbitration Provisions

Posted in Arbitration Agreements

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

D.R. Horton Who? Ninth Circuit Sends Claims to Individual Arbitration After Class Certification Below

Posted in Arbitration Agreements, Jurisdiction

Authored by Loren Gesinsky

Last week, on August 21, 2013, the Ninth Circuit joined the chorus of courts declining to follow the National Labor Relations Board’s controversial D.R. Horton decision. 

Richards v. Ernst & Young LLP [here] held that wage-and-hour claims already litigated for years against Ernst & Young and certified as a class action by the district … Continue Reading

“And We Meant It”: Second Circuit Reiterates Prior Decision Upholding Class Waiver

Posted in Arbitration Agreements

Authored by Robert Whitman

As expected, the Second Circuit this morning followed up last Friday’s decision in Sutherland by reversing the District Court in Raniere v. Citigroup Inc.. [here] The District Court in that case refused to enforce Citigroup’s class action waiver clause on grounds that “a waiver of the right to proceed collectively under the FLSA is … Continue Reading