arbitration; class action waiver

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Authored by Simon L. Yang

As discussed by our Consumer Class Defense Blog, this week’s Supreme Court decision in DirecTV, Inc. v. Imburgia reversed a California Court of Appeal that had applied the California Consumer Legal Remedies Act’s prohibition of class waivers in arbitration agreements. According to the lower court’s decision, an arbitration agreement’s terms—directing application of the “law…
Continue Reading Supreme Court Airs Re-Run on Class Waivers in DirecTV But Disappoints Again by Declining PAGA Waiver Programming

Co-authored by Robert Whitman and John R. Giovannone

Ever since the Supreme Court’s 2011 decision upholding class action waivers in arbitration agreements, courts around the country have generally fallen into line and enforced such clauses against a variety of contractual challenges raised by plaintiffs in wage-hour and other cases.  But some District judges in the Second Circuit had been holdouts, …
Continue Reading Game Over: FLSA Collective Action Waivers Get Seal of Approval from Second Circuit

Authored by Alex Passantino

‘Twas the week after Christmas, and all through the land     

Our readers were focused on their year ’13 plans;                                                                  

And though we’ve no desire to knock you off track,                                                             

We thought that 2012 deserved one last look back.                                                             

Hours, exemptions, pay rates, and more;                                                                         

Nearly 100 posts (for those keeping score).                                                                           

We know every issue will not give you your…

Continue Reading Sugar Plums and Regular Rate: 2012 Year In Review

Blog-Arbitration1.jpgSeyfarth Shaw’s Wage & Hour Litigation Practice Group

Following the Supreme Court’s decisions in AT&T Mobility LLC v. Concepcion and Stolt-Nielsen, S.A. v. AnimalFeeds Int’l Corp., nearly all federal courts have enforced agreements to arbitrate FLSA claims. A few courts, however, have refused to apply Concepcion and Stolt-Nielsen to FLSA claims by relying on two arguments that most defendants…

Continue Reading Compelling Arbitration, Third Circuit Hints That Silence Means Class Actions Waived, But Nevertheless Leaves Issue To The Arbitrator

USDCSDNY.jpgAuthored by Robert S. Whitman

Rejecting the views of the National Labor Relations Board and one of her colleagues on the bench, Judge Barbara Jones of the Southern District of New York has ruled that employees subject to arbitration agreements may be required to arbitrate FLSA claims, even though the agreements do not permit the claims to be pursued on…

Continue Reading New York Judge Orders Arbitration Despite Waiver of Collective Action

Southern District of New York.bmpAuthored by Noah Finkel

Since the Supreme Court’s decision earlier this year in AT&T Mobility LLC v. Concepcion, nearly all federal courts that have been faced with the issue, have enforced collective action waivers of federal wage-hour claims in arbitration agreements, assuming that the agreement was not unconscionable under state law.  But a troubling recent decision by a federal…

Continue Reading Raniere Bucks Concepcion in Collective Action Context

Mass.jpgCo-authored by Richard Alfred and James Hlawek

A Massachusetts Superior Court judge recently invalidated an arbitration class action waiver, even though the U.S. Supreme Court found in its AT&T Mobility LLC v. Concepcion ruling earlier this year that federal law preempts state laws that interfere with an employer’s ability to enforce arbitration agreements with class action waivers.  This ruling shows…

Continue Reading Your Arbitration Class Action Waiver May Not Be Enforceable in Massachusetts

Authored by Tim Watson

On February 9, the Court of Appeals for the Third Circuit, in Vilches et al. v. The Travelers Companies, Inc. weighed in on the question of who decides whether and how arbitration will go forward.  The plaintiffs in the case are former insurance appraisers of The Travelers Companies, Inc., and they brought a combined state law/FLSA…

Continue Reading Deciding Who Gets To Decide Whether To Enforce Class Action Waivers: Arbitrator Or Court?