Tag Archives: ADEA

Florida Decision Involving Workers Unable to Read English Illustrates the Basics for an Enforceable Arbitration Agreement

Sometimes, a decision can detail the requirements for an enforceable employee arbitration agreement better than a legal treatise. That is certainly true in Gustave v. SBE ENT Holdings, LLC, No. 1:19-cv-23961 (S.D. Fla. Sept. 30, 2020). In Gustave, 19 former food and beverage or kitchen workers at the Delano Hotel in Miami Beach, Florida, brought … Continue Reading

Third Circuit Sets Forth Standards for Collective Actions and Affirms Decertification of Class

Those familiar with FLSA and ADEA collective action litigation are well familiar with the judicially created two-step process used by most courts.  Under the first step, misnamed “conditional certification,” the court first applies a lenient standard to determine if the class members are “similarly situated.”  If that standard is met, the court authorizes notice to … Continue Reading

Dukes Decision Results In Decertification of California Overtime Case

When the much anticipated decision is Wal-Mart Stores Inc v Dukes.pdf was announced (see our post analyzing of the decision), many commentators, us included, believed it would significantly change the landscape of employment class actions.  While the case involved allegations of sex discrimination, much of the language appeared to apply to other types of class actions, including those … Continue Reading