Date and Time

Thursday, December 5, 2023
3:00 p.m. to 3:45 p.m. Eastern
2:00 p.m. to 2:45 p.m. Central
1:00 p.m. to 1:45 p.m. Mountain
12:00 p.m. to 12:45 p.m. Pacific

Register Here


About the Program

A lot has happened in the 10 years since our national Wage and Hour Litigation Practice Group wrote ALM’s authoritative Wage & Hour Collective

Continue Reading Upcoming Webinar: Time Well Spent Session 4: Arbitration of Wage-Hour Claims

By: Bailey K. Bifoss, Andrew M. Paley, and Michael Afar

Seyfarth Synopsis: The California Supreme Court held that a plaintiff whose individual PAGA claims are compelled to arbitration retains standing to pursue representative PAGA claims in court in Adolph v. Uber Technologies, Inc., meaning that their claims may live on way past the first volley.

Wimbledon may be

Continue Reading California Takes the Match with Adolph Ruling

By: Phillip J. Ebsworth and Justin T. Curley

Seyfarth Synopsis: Another panel from the Second Appellate District issued an opinion, following Galarsa, Piplack, and Gregg, holding that a PAGA plaintiff compelled to individual arbitration retains standing to bring a representative PAGA claim in state court.

The Court did not consider whether the representative claims remaining

Continue Reading PAGA Paraphrased – Seifu v. Lyft, Inc., 89 Cal.App.5th 1129 (2023)

By: Andrew McKinley

Seyfarth Synopsis: Businesses with arbitration programs often oppose the issuance of notice in FLSA collective actions on the ground that many potential recipients have binding arbitration agreements precluding them from participating in a case. The majority of federal appellate courts have not yet addressed whether arbitration must be addressed before or after notice issues. The Sixth

Continue Reading Sixth Circuit Joins the Chorus of Appellate Decisions Requiring Arbitration to Be Assessed Before FLSA Notice Issues

By: Paul J. Leaf and Kyle Winnick

Seyfarth Synopsis: In Rocha v. U-Haul Co. of Cal., the California Court of Appeal held that a plaintiff asserting a PAGA claim does not have standing to pursue a PAGA claim on behalf of others, if an arbitrator denies the plaintiff’s individual claims on the merits and finds no underlying Labor Code

Continue Reading Adverse Adjudication on the Merits Deprives Plaintiffs of PAGA Standing

By: John P. Phillips

Seyfarth Synopsis: Since the Supreme Court’s decision in Southwest Airlines Co. v. Saxon, many employers have seen an uptick in plaintiffs seeking to avoid arbitration by arguing that they are transportation workers and thus not subject to the Federal Arbitration Act. But as the subsequent history in the Saxon decision makes clear, employers can—and

Continue Reading State Law Can Serve as a Backstop to the Federal Arbitration Act

By: Sage Fishelman and Josh Rodine

Seyfarth Synopsis: A divided Ninth Circuit Court of Appeals panel has ruled that the Federal Arbitration Act (FAA) preempts California Assembly Bill 51 (AB 51), which purports to prohibit employers from requiring job applicants and workers from signing arbitration pacts. The panel further concluded that AB 51’s criminal penalties are preempted by the FAA.

Continue Reading Ninth Circuit Rehearing Suggests a FAArewell to California’s Arbitration Prohibition

By: Andrew Scroggins & Nicolas Lussier

Seyfarth Synopsis: Couriers who transport goods from restaurants and grocers who have connected to consumers via the Postmates app are not “engaged in foreign or interstate commerce,” according to a recent decision by the First Circuit Court of Appeals. As a result, the couriers don’t satisfy the “transportation worker” exception to the

Continue Reading First Circuit Delivers Win To Companies Hungry To Enforce Mutual Arbitration Agreements With Couriers Who Rarely Cross State Lines

By: Julia Keenan and Noah Finkel

Seyfarth Synopsis: The Supreme Court held that no showing of prejudice is necessary to establish a waiver of the right to arbitrate. The validity and enforceability of arbitration agreements themselves is not affected by this ruling.

Followers of this blog, and of wage and hour litigation generally, have seen an unbroken string of victories
Continue Reading Prejudice will no longer be considered when deciding if a waiver of arbitration occurred; Not to worry, arbitration clauses still as enforceable as ever

By Lennon B. Haas, Kyle Petersen, and Kevin M. Young

Seyfarth Synopsis: Though it may sound esoteric, the question of whether “last mile” drivers fall within the Federal Arbitration Act’s transportation worker exemption bears tremendous consequence. If they are exempt, they can’t be compelled to arbitrate under the FAA. If they are not exempt, the answer reverses. In
Continue Reading Eleventh Circuit Clears the Road to Arbitration for Last-Mile Drivers