By Lennon Haas and Noah Finkel
Seyfarth Synopsis: Since the Supreme Court’s 2017 decision in Bristol-Myers Squibb Co. v. Superior Court, federal district courts around the country have wrestled with whether they may exercise personal jurisdiction over employers as to FLSA claims brought by people who worked and were paid outside of the forum state. On August 17 and
Continue Reading Sixth and Eighth Circuits Reshape FLSA Collective Action Litigation
Authored by Alex Passantino
‘Twas the week before Christmas, 2-0-1-5
When the poetry elves on the blog came alive.
Crafting their rhymes with a purpose so clear:
Presenting the wage-hour gems of the year.
In January, for new regs in this year our breath bated.
Then for six painful months, we speculated and waited.
And just as
Continue Reading I’m Dreaming of a White Collar: 2015 Year in Review
Authored by Andrew Scroggins
As expected, the Fifth Circuit once again has rejected the NLRB’s highly controversial position that the National Labor Relations Act (“NLRA”) prohibits employers from requiring mandatory arbitration agreements that preclude employees from filing class or collective claims in any forum.
The Fifth Circuit first took up the issue nearly two years ago, when it set
Continue Reading Fifth Circuit Stands Pat, Again Rejects NLRB Attempt to Void Class and Collective Action Waiver
Authored by Julie G. Yap
On Monday morning, the Supreme Court yet again rejected a would-be class action plaintiff’s attempts to avoid federal court. The Court’s order again affirmed that defendants need not overcome significant barriers to plead their cases in federal court—a position contrary to that often advanced by plaintiffs and their counsel in opposing the removal of putative
Co-authored by Sheryl Skibbe and Simon L. Yang
Private Attorney General Actions (PAGA) brought by individuals as representative actions on behalf of the State of California and other aggrieved employees are not sufficiently similar to federal Rule 23 class actions to support federal jurisdiction under the Class Action Fairness Act (CAFA). But is there still a way into federal court?
Continue Reading PAGA PENALTIES FAIL TO ADD UP FOR FEDERAL 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 Horton Hears a Reversal: The Fifth Circuit Overturns the National Labor Relations Board’s Controversial D.R. Horton Decision
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 D.R. Horton Who? Ninth Circuit Sends Claims to Individual Arbitration After Class Certification Below
Co-authored by Robert S. Whitman and Howard M. Wexler
It has been a very busy summer for Judges on the Second Circuit, who on Wednesday issued their third decision in the past two months (most recently reported on here), and their fourth since March, addressing the adequacy of pleading in wage-hour cases.
In Gordon v. Kaleida Health [here
Continue Reading Who Needs The Summers Off? Second Circuit Issues Third Decision This Summer Addressing Wage-Hour Pleading Standards
Authored by Catherine Dacre
In a case of first impression, the 9th Circuit held last week in Roth v. CHA Hollywood Medical Center (here) that removal of a state court case to federal court may be triggered by defendant’s own investigation of the facts supporting removal. Previously, the window for removal has been narrowly construed, with federal court
Continue Reading Removing Impediments to Removal – The 9th Circuit Opens the Window
Authored by Barry Miller
The Supreme Court held that a would-be class action plaintiff cannot avoid federal court by “stipulating” that he will seek damages that are less than the amount necessary to give rise to jurisdiction under the Class Action Fairness Act. In Standard Fire Insurance Co. v. Knowles, the named plaintiff claimed that his homeowners insurer had
Continue Reading Supreme Court Rejects Plaintiff’s Attempt to De-CAFA-nate Class Action Lawsuit