Tag Archives: Arbitration

Does D.R. Horton Apply Arbitration Agreements Without A Class Action Waiver?

Greg MersolBy Greg Mersol on Posted in Arbitration, NLRB
Our sister blog, Employment Law Spotlight, recently reported on the decision of an NLRB administrative law judge regarding the legality of an arbitration agreement under D.R. Horton, Inc., 357 NLRB No. 184 (2012).   We all know that D.R. Horton held that class action waivers in arbitration agreements might be unfair labor practices because of their … Continue Reading

Fifth Circuit Rejects NLRB’s D.R. Horton Decision – Too Soon For Champagne?

John LewisBy John Lewis on Posted in Arbitration, NLRB
Co-Authored By: Todd A. Dawson Arbitration is quickly becoming a major vehicle to resolve individual employee disputes.  Now another obstacle to enforcing those arbitration agreements and class action waivers may have been removed. The Fifth Circuit issued a 2-1 decision on Tuesday in which the court largely denied enforcement of the National Labor Relations Board’s … Continue Reading

California Appellate Court Orders Arbitration and Rules that Claims May Not Proceed On Behalf of a Class: Plaintiff in Macy’s OT Action Gets What She Bargained For

Greg MersolBy Greg Mersol on Posted in Arbitration, Retail
Authored by: Dawn Kennedy A recent decision from a California court of appeals reflects a growing, if at times reluctant, acceptance by California courts of employment arbitration.  In Outland v. Macy’s Department Stores, Inc., Case No. A133589 (Ct. Cal. App. Jan. 16, 2013) a former group sales manager for defendant Macy’s Department Stores filed a … Continue Reading

Pattern-or-Practice Claim Doesn’t Trump Arbitration Agreement – Karp v. CIGNA Healthcare Inc.

John LewisBy John Lewis on Posted in Arbitration, Discrimination
Once again a court has been required to consider whether a federal statutory claim might limit the reach of the Federal Arbitration Act, 9 U.S.C. § 1 et. seq. (“FAA”), and prevent arbitration of an individual discrimination claim.  This twenty-two-page decision reflects the on-going struggle by plaintiffs to discover potential exceptions to the U.S. Supreme … Continue Reading

Eighth Circuit Affirms Enforcement of Class Action Waivers and Explores Case Disposition Issues

John LewisBy John Lewis on Posted in Arbitration, Class Certification, FLSA
In a terse but well-reasoned decision, the Eighth Circuit recently affirmed the grant of a motion to compel arbitration and enforced a class action waiver despite arguments that it was unenforceable under Minnesota law. The Appellate panel also considered whether cases sent to arbitration should be stayed rather than dismissed. In Green v. SuperShuttle International, … Continue Reading

21 Club “Gets Served” On Overtime Class Claims

Todd DawsonBy Todd Dawson on Posted in Arbitration, Class Certification, FLSA, Overtime Claims, Tip-Pooling, Wage and Hour
“……and Please Remember to Tip Your Bartender And Waitress.” The famous 21 Club in New York was on the Curly end of a Larry-esque double-slap from the Southern District of New York last week. Alderman v. 21 Club.pdf Case No. 1:09-cv-2418 (Aug. 20, 2010). By way of background, the plaintiff employees in Alderman are seeking to … Continue Reading
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