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

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

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

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

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

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