Employment Class Action Mashup:
Class Waivers, the NLRB and the
Pitfalls of California Law

Tuesday, October 29, 2013
12:00 p.m. – 1:15 p.m. EDT

BakerHostetler’s National Employment Class Action team will address recent class action decisions and how they are impacting businesses around the United States. In the wake of Dukes, D.R. Horton and several other recent decisions relating to arbitration and class action waivers, what should you be doing to properly defend class actions, ensure that your arbitration agreements will be enforced and to minimize your risk of new class action litigation? What particular obstacles will you face in California and how can you help to avoid them? The panel will discuss these and other questions.

Employment Class Action Mashup: Dukes, Class Waivers, the NLRB and the Pitfalls of
California Law

The following topics are on the agenda:

  • Introduction
  • The Impact of Dukes
    • In Rule 23 Class Actions
    • In FLSA Collective Actions
  • Arbitration Agreements and Class Action Waivers
    • The Federal Arbitration Act, 9 U.S.C. §§ 1 et seq.
    • U.S. Supreme Court Opinions Involving Arbitration
  • D.R. Horton Decision and Its Future
    • D.R. Horton, Inc., 357 NLRB No. 184 (Jan. 3, 2012)
    • The Courts’ Reaction to D.R. Horton
  • California Law and the Enforcement of Arbitration Agreements with Class Action Waivers


Todd A. Dawson concentrates his practice in the labor relations, wage and hour and labor litigation areas. He has handled numerous class and collective actions, ranging from hundreds of putative plaintiffs to several thousand. Mr. Dawson has represented clients in a number of ERISA-related actions, and was part of a team of BakerHostetler attorneys that secured a significant and highly unusual class action trial verdict in the Sixth Circuit for a multinational company. Mr. Dawson is a regular contributor to BakerHostetler’s Employment Class Action Blog, offering commentary on recent class action decisions and trends affecting employers.

John B. Lewis concentrates his practice on the resolution of complex employment, labor, civil rights and regulatory disputes, including the defense and oversight of class action litigation. He is a regular contributor to BakerHostetler’s Employment Class Action Blog. The majority of Mr. Lewis’s time is devoted to litigation, appellate practice and alternative dispute resolution procedures involving federal and state anti-discrimination, wage and hour and fair housing laws, the Railway Labor Act, the Civil Rights Acts, the Federal Reserve Act, the Sarbanes-Oxley Act, the Employee Retirement Income Security Act and wrongful discharge, individual employment contract, trade secret, non-competition and work-related tort claims. He was a member of the team that prepared amici briefs in The Standard Fire Insurance Company v. Knowles and Comcast v. Behrend cases before the U.S. Supreme Court.

Gregory V. Mersol focuses his practice on the resolution of class action and other complex employment disputes. He is a frequent speaker and writer on issues involving class actions and the defense of class action disputes. He has been certified as an employment law specialist by the Ohio State Bar Association and has been listed in Best Lawyers in America since 2006. In 2013, he was named by U.S. News & World Report as the “Lawyer of the Year” in Cleveland Employment Law, representing employers.

Margaret Rosenthal counsels and represents employers in class actions and other litigation of employment claims, including wrongful termination, sexual harassment, discrimination, OSHA and wage and hour issues. Ms. Rosenthal provides training, investigates complaints and counsels employers on all aspects of employment matters and wage and hour issues (including classification of exempt and independent contractor status), harassment complaints, company-wide layoffs and terminations and development of employee handbooks and policies.

We encourage active participation and welcome any questions. Please feel free to email Lynmarie Lane with any topics/questions that you would like addressed during the webinar.

CLE credit is available upon request

System Requirements:
PC-based attendees: Required:
Windows® 7, Vista, XP or 2003

Server Macintosh®-based attendees:
Required: Mac OS® X 10.4.11 (Tiger®) or newer



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