Tag Archives: FAA

Court Rejects EEOC Class-Wide BFOQ Challenge To Mandatory Retirement Of Pilots

By Greg Mersol on December 31, 2012 Posted in Uncategorized

Mandatory retirement ages have been largely eliminated for most employees, but still continue in a handful of areas. For many years, the Federal Aviation Administration prohibited pilots over the age of 60 from flying for commercial airlines. In 2007, that limit was raised to age 65 for domestic flights. But what about private pilots working … Continue Reading

The Supreme Court Reaffirms Mandatory Arbitration in Compucredit Corp. v. Greenwood: The Antidote for D.R. Horton?

By John Lewis on January 20, 2012 Posted in Arbitration

Is the Supreme Court’s January 10th opinion in CompuCredit Corp v. Greenwood.pdf a potential antidote for the National Labor Relations Board’s (“NLRB”) decision in D.R. Horton? Perhaps. CompuCredit Corp. considered whether the Credit Repair Organizations Act (“CROA”), 15 U.S.C. § 1679 et seq., foreclosed enforcement of an arbitration agreement in a class action filed in the … Continue Reading

NLRB Holds Class Action Waivers Violate the National Labor Relations Act

By John Lewis on January 9, 2012 Posted in Arbitration, FLSA

In the much anticipated ruling in D.R. Horton, Inc. and Michael Cuda.pdf, released Friday, January 6, the National Labor Relations Board (“NLRB”) held that the Company violated Section 8(a)(1) of the National Labor Relations Act (“NLRA”) by “requiring employees to waive their right to collectively pursue employment-related claims in all forums, arbitral and judicial.” The … Continue Reading

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

By John Lewis on September 13, 2011 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

California Court Finds Concepcion Does Not Apply to Arbitration of PAGA Claims

By Greg Mersol on July 28, 2011 Posted in Arbitration

The battle between California courts and the U.S. Supreme Court over arbitration agreements wages on. Though California courts frequently make perfunctory statements about the strong public policy in favor of arbitration agreements, these statements are undercut by the many cases in which the courts appear to bend over backwards to find arbitration agreements unconscionable or … Continue Reading

Franken-Bill Would Have a Monstrous Impact on Mandatory Arbitration Clauses

By John Lewis on May 24, 2011 Posted in Arbitration

In the wake of the Supreme Court’s April 27th decision in AT&T Mobility v. Concepcion.pdf, Senator Al Franken (D-Minn) and others re-introduced legislation (S.987, H.R. 1873.pdf) that would forbid pre-dispute mandatory arbitration agreements in employment, consumer or civil rights disputes. The Concepcion opinion (reviewed in Greg Mersol’s April 27, 2011 post on this blog and in the … Continue Reading