There are lots of items I had hoped to write about but, as many of you have observed, there’s only so much time in the week. So, it’s time to bring back the recurring “Quick Hits” feature to highlight some tidbits worthy of your consideration: Are arbitration agreements that waive FLSA collective actions enforceable? No,… Continue Reading
Tag Archives: arbitration
The End of the Mega-Class Action Era?
Posted in Class Actions, Litigation, Wage & HourIn this week’s Connecticut Law Tribune Labor & Employment Law Supplement, I penned a piece about the impact of the new U.S. Supreme Court cases from this past term. My conclusions? It is premature to announce the death of wage and hour class actions. But the cases suggest a different future for those types of… Continue Reading
Court: Class-wide Arbitration May Be Allowed, Even if Agreement Is Silent
Posted in Class Actions, Human Resources (HR) ComplianceEarlier this month, the Second Circuit (Jock v. Sterling Jewelers, Inc.) affirmed an arbitrator’s decision, concluding that the arbitrator’s analysis should be upheld even if the District Court disagreed with the legal analysis. Such a decision is entitled to “substantial deference”. The case rests on the principle that arbitrations are not going to be going… Continue Reading
Court Approves Expedited Appeal for Decision Mandating Exotic Dancers Arbitrate
Posted in Class Actions, Litigation, Wage & HourLast month, I discussed a very notable decision in D’Antuono v. Service Road Corp. in which the federal court — relying in part on the Supreme Court’s decision in AT&T Mobility — ordered two exotic dancers to arbitrate their employment-related claims. A few days ago, the same district court allowed the dancers to take an… Continue Reading
In Titillating Case, Court Compels Strip Club Dancers to Engage Individually …in Arbitration
Posted in Class ActionsA few weeks ago, I indicated (in posts here and here) that the AT&T Mobility v. Concepcion case would have a huge impact on forcing arbitrations of employment matters and limiting class actions. An important new federal District Court case in Connecticut decided yesterday, D’Antuono v. Service Road Corp., (download here) has shown that to be… Continue Reading
The Quickly Shifting Landscape of Class Actions and Arbtirations
Posted in Class Actions, Litigation, Wage & HourNow that the dust has settled a bit, it’s time to look at the long-term impact of last month’s Supreme Court decision in AT&T v. Concepcion for employment matters. (For a great analysis of the decision itself, see this SCOTUSblog post.) All the analysis that has been coming out seems to suggest that there are two main… Continue Reading
Federal Arbitration Act Preempts Connecticut Sales Representative Commission Statute
Posted in Wage & HourMy colleague, Joshua Hawks-Ladds, has this post regarding an important new case that further explains the breadth of the preemption effect of the Federal Arbitration Act, a case he handled on behalf of our client, Ulti-Mate Connector, Inc. Last week was a watershed moment for arbitration preemption cases, both at the federal and state level…. Continue Reading
Are Some Employment Law Class Actions in Jeopardy? New Supreme Court Case Suggests Path
Posted in Class Actions, Discrimination & Harassment, Litigation, Wage & HourThe U.S. Supreme Court, in a 5-4 decision, yesterday held that the Federal Arbitration Act preempts state laws that discuss or limit arbitration agreements on the availability of class action arbitration procedures. The case, AT&T Mobility v. Concepcion (download here) isn’t an employment law case (it concerns whether AT&T should have charged consumers sales tax on… Continue Reading
Breaking: U.S. Supreme Court Affirms Arbitration Provisions in Employment Disputes; What It Means for Employers
Posted in LitigationIn a 5-4 decision released this morning in Rent-A-Center, West, Inc. v. Jackson (download here), the U.S. Supreme Court rejected a challenge to an arbitration agreement that purported to address all matters arising out of an employment dispute. This decision isn’t the easiest to digest. First, understand that arbitration provisions governed by federal law have… Continue Reading
CBA Labor & Employment Quarterly Now Online
Posted in LitigationThe Connecticut Bar Association’s Labor & Employment Section (led by my colleague Joshua Hawks-Ladds) has begun posting its quarterly newsletter online. I expect to see more of this as the CBA moves to a new website next month. In the meantime, you can check out the latest issue here. It features articles on: Attorneys Fees… Continue Reading
Court Upholds Arbitration Agreement; Says Employee Can Waive FLSA Collective Actions
Posted in Class Actions, Litigation, Wage & HourEmployers who have shunned using arbitration agreements for fear that they will be overturned, will want to take a look at a recent federal court decision that upheld an arbitration agreement that had provisions that some would consider very pro-employer. In Pomposi v. GameStop, Inc. (download here), the employer moved to dismiss a collective action… Continue Reading
House Passes COBRA Subsidy Extension and..What’s This? Restrictions on Arbitration Clauses??
Posted in Legislative DevelopmentsUPDATED The health care bill debate seems all consuming. At least in terms of press coverage. But yesterday, the House of Representatives passed a defense spending bill (H.R. 3326) that, according to the DC Employment Law Update: "prevents most defense contractors and subcontractors from forcing their employees or independent contractors to sign, as a condition of… Continue Reading
Congress Reviewing Employee Arbitration Provisions; Bill Would Ban Certain Provisions
Posted in Legislative DevelopmentsEarlier this year, the Supreme Court revisited the subject of arbitration provisions in the employment context, creating some concern among legislators about the implications of this decision. In this week’s Connecticut Law Tribune, my colleague Cara Ceraso has drafted a nifty article about legislation now pending in Congress that would allow employees to bring their… Continue Reading
Words Matter: Being Specific In Sending an Issue to Labor Arbitration
Posted in Human Resources (HR) Compliance, Laws and Regulations, LitigationSuppose you, as an employer, have union-backed employees. The union files a grievance on behalf of three employees alleging that they did not receive "premium" pay on three holidays. Because the dipsute cannot be resolved, the matter is sent to arbitration. For some employers, defining the issue to be sent to arbitration may not seem… Continue Reading
Appealing Arbitration Awards – A Followup to the Bloomfield Police Case
Posted in LitigationIf there is something that can cause an attorney nightmares, it is the possibility of missed deadlines. Recently, there was an attorney in California who missed a court deadline – BY ONE MINUTE — costing his client over $1 million in legal fees. This morning, that nightmare is a reality for the Town of Bloomfield,… Continue Reading
WSJ: Arbitrating Employment Law Claims Becoming More Common
Posted in Human Resources (HR) Compliance, LitigationThe Wall Street Journal has an interesting story this morning about employers who are seeking to implement and enforce arbitration agreements on employment law claims. Arbitration of employment disputes took off in the early 1990s after federal legislation made it easier for workers to sue — and win big damages — over claims such as… Continue Reading
About Daniel Schwartz
Trusted advisor. Experienced employment law attorney. Bar leader. Award-winning author. Noted Speaker. "Legal Rebel". All can be said to be apt descriptions of Daniel Schwartz, a member of Pullman & Comley. More +
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