class action waivers

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Co-authored by Noah Finkel and Andrew Scroggins

Employers have faced questions about the enforceability of arbitration agreements with class and collective action waivers since the NLRB’s highly controversial D.R. Horton decision in 2012, which held that the waivers violate employees’ right to engage in protected concerted activity. The Fifth Circuit refused to enforce the decision, and other courts followed…
Continue Reading Mandatory Arbitration, Class Waivers, and the Future of Wage-Hour Litigation: 6th Circuit Shows One Reason Why High Court Rejection of D.R. Horton Theory Would Not Kill Collective Actions

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 Integral Clothes and Mistletoes: 2014 Year in Review

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

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 Preempt This! California Federal Court Holds that Federal Law Preempts State Law Rules Against Waivers 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 Another One Bites the Dust: Central District of California Joins the Chorus of Courts Enforcing Class Action Waivers

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

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

California Flag.bmpBy Julie Yap and Brandon McKelvey

As this blog recently covered, in September the California Supreme Court granted review in Iskanian v. CLS Transportation Los Angeles, LLC to decide whether class action waivers in employment arbitration agreements are enforceable under California law.  This week, another Court of Appeal added its opinion on this issue, holding that despite the United…

Continue Reading California Court Attempts To Navigate Around AT&T Mobility v. Concepcion, Holding A Class Action Waiver In An Employment Arbitration Agreement Is Unenforceable, On The Same Day The U.S. Supreme Court Rejects A Similar Attempt By The Oklahoma Supreme Court

CA FL.bmpAuthored by Rob Whitman

Two courts on opposite sides of the country have upheld class action waivers in arbitration agreements in wage-hour suits, following the Supreme Court’s holding in AT&T Mobility v. Concepcion and rejecting the reasoning of the NLRB in D.R. Horton.

In San Diego, Judge Michael Anello held in Coleman v. Jenny Craig, Inc. that an arbitration…

Continue Reading Coast to Coast: Courts in Florida and California Uphold Class Action Waivers

Employ Agmt.jpgAuthored by Fred Sanderson 

On February 24, 2011, in Sonic-Calabasas A, Inc. v. Moreno, the California Supreme Court invalidated an employment arbitration agreement in the context of an administrative wage proceeding.  According to the court, requiring an employee to waive his or her right to a formal administrative hearing before the California Labor Commissioner was both “contrary to…

Continue Reading United States Supreme Court Vacates California Supreme Court Ruling Invalidating Arbitration Agreements In Administrative Wage Proceedings