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
Co-authored by Sheryl Skibbe and Kevin Young
With last week’s denial of the plaintiffs’ request for a full panel rehearing in Wang v. Chinese Daily News [here], the Ninth Circuit reminds us that the Supreme Court’s ruling in Walmart v. Dukes provides valuable ammunition against wage and hour class actions of all sizes.
In March 2004, three employees
Continue Reading Big or Small, Ninth Circuit Confirms That Dukes Must Be Considered in All Wage and Hour Class Actions
Co-authored by Brandon McKelvey, Tim Nelson, and Robb McFadden
If class certification is denied, can a plaintiff’s lawyer simply find a new representative plaintiff, file a new class action, and take another stab at class certification?
This was the situation WinCo Foods faced after defeating class certification in Gales v. WinCo Foods [here], an assistant manager
Continue Reading How to Kill a Copycat Class Action
Co-authored by Andrew Paley and Patrick Ryan
As we posted last month [here], district courts throughout the country have indicated that the Supreme Court’s recent decision in Comcast Corp. v. Behrend makes it harder for plaintiffs to pursue wage and hour claims as class actions. Earlier this week, the Ninth Circuit issued a decision that some commentators have
Co-authored by Loren Gesinsky and Scott Rabe
Employers across the country are in the midst of planning, decorating, and reveling in good cheer as they prepare to enjoy — or perhaps already did enjoy — an office holiday party.
While most employment attorneys and human resources professionals appreciate the potential morale-building of office holiday parties — and do not want
Continue Reading Don’t Be Scrooged: Wage & Hour Tips To Help Employers Avoid Holiday Party Humbug
Co-authored by David Kadue and Julie G. Yap
On Tuesday, an en banc panel of the Ninth Circuit heard oral argument regarding whether California’s rule against compulsory arbitration for claims of public injunctive relief was preempted by the Federal Arbitration Act (“FAA”) in Kilgore v. KeyBank NA. As we reported in March of this year, a three judge panel
Co-authored by Richard Alfred and Kevin Young
It has been more than a year since the Supreme Court’s landmark ruling in Wal-Mart Stores, Inc. v. Dukes, and its impact on wage and hour class actions remains hotly debated. While plaintiffs’ attorneys have argued that the decision is limited substantively to discrimination cases and procedurally to Rule 23(b)(2) class actions
Authored by Laura Reathaford
Employers considering a Rule 68 Offer of Judgment in order to moot class certification must think again at least in the Ninth Circuit where the Court of Appeals has ruled that unaccepted Rule 68 offers do not moot class claims even if those offers are made before the lead plaintiff has timely moved for class certification.