arbitration

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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 Arthur J. Rooney

It seems like every few months we’re writing about another pro-arbitration decision.  A few months ago, for example, we wrote about the Supreme Court’s decision in American Express Co. v. Italian Colors Restaurant, which held that class action waivers in arbitration agreements are enforceable under the Federal Arbitration Act (FAA) even if individual arbitration…
Continue Reading Employers Still Need To Be Conscious Of Unconscionable Arbitration Provisions

Second Circuit Seal.jpgCo-authored by Richard L. Alfred, Patrick Bannon, and John Egan

Will the Second Circuit join six other circuits in holding that agreements to arbitrate FLSA claims on an individual basis — and not on a class or collective basis — are enforceable?  When — if ever — can a plaintiff avoid arbitration by claiming that arbitrating an individual…

Continue Reading Individual Arbitration of FLSA Claims: Second Circuit to Decide

Please join us on this blog post on Thursday, March 14 at 10:00 AM ET as we liveblog the Senate HELP Committee’s hearing on “Keeping up with a Changing Economy: Indexing the Minimum Wage.” Seyfarth’s Alexander Passantino, former Acting Administrator and Deputy Administrator of the U.S. Department of Labor’s Wage and Hour Division, will give real-time analysis…

Continue Reading Seyfarth Liveblog: Senate HELP Committee Hearing on Minimum Wage

supreme court.jpgAuthored by Patrick Bannon

What does an antitrust case have to do with wage and hour litigation?  Usually, not much, but a case argued before the Supreme Court two weeks ago is an exception.

American Express Co. v. Italian Colors Restaurant is an antitrust case in which American Express seeks to enforce a restaurant’s agreement to arbitrate all disputes on…

Continue Reading Individual Arbitration of FLSA Claims and The “Effective Vindication Doctrine”

Supreme Court Seal.jpgCo-authored by Richard Alfred and Patrick Bannon

For an employer, what could be worse than a class action lawsuit?  Quite possibly, a “class arbitration.”  Like a class action suit, class arbitration is a proceeding in which one or a few claimants try to assert claims on behalf of many, sometimes hundreds or thousands, of other current and former employees.  But…

Continue Reading Supreme Court to Decide High-Stakes Question for Employers With Arbitration Agreements: Does An Agreement To Arbitrate “All” Disputes Authorize An Arbitrator To Conduct A “Class Arbitration”?

California Flag.bmpBy Brandon R. McKelvey, Chantelle C. Egan, and Michael A. Wahlander

Last week, the California Supreme Court agreed to decide whether class action waivers in employment arbitration agreements are enforceable under California law.  In Iskanian v. CLS Transportation Los Angeles, LLC, the Court of Appeal held that a class action waiver in an employment arbitration agreement was enforceable…

Continue Reading California Supreme Court to Decide Whether Class Action Waivers in Arbitration Agreements Are Enforceable Under California Law