Connecticut Employment Law Blog Insight on Labor & Employment Developments for Connecticut Businesses

Tag Archives: class action

Settling FLSA Wage & Hour Claims? Court Approval May Be Needed

Posted in Highlight, Human Resources (HR) Compliance, Litigation, Wage & Hour

Yesterday, I had the opportunity to talk at the Connecticut Legal Conference about employment law issues. My talk focused on free speech rights in the workplace — a topic I’ve covered well in some prior posts here and here, for example. One of the other topics of our discussion was the Cheeks v. Freeport Pancake… Continue Reading

Opt In or Opt Out or Both? Collective and Class Actions in Wage & Hour Cases

Posted in Class Actions, Highlight, Litigation, Wage & Hour

A limo driver believes that he should be paid overtime.  He brings a lawsuit on both state and federal wage & hour laws.  But he believes that other similarly situated drivers should also be part of his lawsuit. How does that happen? Well, he asks the court to represent all the other drivers as well…. Continue Reading

Law Tribune’s Editorial on “Downright Coercive” Employment Arbitration Clauses Is Off-Base

Posted in Class Actions, Highlight, Human Resources (HR) Compliance, Litigation

It’s hard to read the Connecticut Law Tribune’s Editorial this week on “The Problem of Workplace Arbitration Clauses” with a straight face. It is dripping with sarcasm, filled with sweeping generalities, and reserves its greatest enmity for employers and the lawyers that represent them. If the editorial is to be believed, employers and their lawyers apparently routinely use “deceptive”… Continue Reading

Summer Fun: Hot Dogs or Wage & Hour Issues for Unpaid Interns?

Posted in Class Actions, Highlight, Human Resources (HR) Compliance, Wage & Hour

While the temperatures this morning didn’t feel much like summer, the season is upon us. And be honest — when you think of summer do you think a) hot dogs or b) wage & hour issues for interns? If you answered b), you probably need some help.  Which is why my colleague Jarad Lucan has drafted this timely… Continue Reading

“D.R. Horton” Ruling by NLRB Gets Overturned; Mandatory Arbitration Agreements Are Alive (and Well?)

Posted in Class Actions, Human Resources (HR) Compliance, Labor Law & NLRB, Litigation

In a 2-1 decision, the U.S. Court of Appeals for the Fifth Circuit (which does not include Connecticut) held on Tuesday that the NLRB erred in disallowing an employer’s mandatory arbitration agreement that waived the rights of employees to participate in class actions. The decision in D.R. Horton v. NLRB (download here from Bloomberg Law) has… Continue Reading

History Repeating Itself? $160M Settlement in Race Discrimination Brokerage Case

Posted in Class Actions, Discrimination & Harassment, Human Resources (HR) Compliance, Litigation

For those of us that have been practicing for a while, it had seemed that the days of the big settlements for race discrimination cases were behind us. After all, when the Coca-Cola and Texaco settlements were announced back in the late 1990s and 2000, many companies took notice. But the news today is a… Continue Reading

Collective/Class Action Waivers & Arbitration Clauses: Why Employers Should Care

Posted in Highlight, Human Resources (HR) Compliance, Litigation, Wage & Hour

Continuing my series of posts this week on recent Second Circuit FLSA cases, today I’ll talk about class action waivers and arbitration clauses. If that last clause is just legalese to you, let me try to walk you through it and why employers should care deeply about it. As I’ve covered in prior posts, wage… Continue Reading

Offers of Judgment in FLSA Collective Actions: Another Tool for Wage & Hour Claims

Posted in Class Actions, Highlight, Litigation, Wage & Hour

Last week, while most of us were focused on the events in Boston, the U.S. Supreme Court came down with a notable decision last week involving a wage & hour class action (it’s actually called a “collective” action, but for the non-lawyers out there, just think of it as a class action) and what should… Continue Reading

The Beginning of the End for Wage & Hour Class Actions Through Arbitration Agreements? Second Circuit Sets Stage

Posted in Class Actions, Discrimination & Harassment, Highlight, Litigation, Wage & Hour

Suppose you have your employees’ sign agreements to arbitrate all of  their employment disputes.  (I’ve talked about arbitration agreements in many posts before.) Can you have an arbitration agreement that says that an employee is precluded from bringing a Title VII (race or gender discrimination) class action claim in Court? Employees have argued that because most arbitration agreements… Continue Reading

Should You Care That Supreme Court Will Rule on Offers Of Judgment in Wage Cases?

Posted in Class Actions, Litigation, Wage & Hour

I’m going to let you in on a little secret. Not all employment law cases decided by the U.S. Supreme Court matter are of equal significance and importance to employers. What? How can that be, you say? It’s the SUPREME COURT!  Isn’t everything that they say important? Well, sort of. The truth is that sometimes… Continue Reading

Five Things To Know About Paid Sick Leave, NLRB and Other New Developments

Posted in Highlight, Laws and Regulations, Legislative Developments, Social Media, Wage & Hour

At yesterday’s labor & employment law seminar, we had both Heidi Lane, a Prinicipal Attorney with the Connecticut Department of Labor, and Jonathan Kreisberg, Regional Director of the NLRB’s Hartford Office, speak to attendees about the latest developments under both Connecticut and federal law. But for those who couldn’t make it, here are five notable things they discussed: 1)… Continue Reading

Guest Post: NLRB Acting General Counsel Addresses At-Will Disclaimers and More at CBA Annual Meeting

Posted in Class Actions, Highlight, Labor Law & NLRB, Social Media

On Monday, the Connecticut Bar Association held its annual meeting. Lots of labor and employment law topics were covered, some of which I missed. I’ve asked one of my bar colleagues, Rita Trivedi — who will be a Teaching Program Fellow at Columbia Law School in the fall — to share her insights on the… Continue Reading

Class Action Waiver For Employment? Not So Fast, Says the NLRB

Posted in Class Actions, Labor Law & NLRB

Last year, I talked a lot about a U.S. Supreme Court case that seemed to open the door for employers to use mandatory arbitration agreements that precluded employees from using class actions to sue their employers.  But I noted at the time that this was a quickly shifting landscape. A few days ago, the NLRB… Continue Reading

The End of the Mega-Class Action Era?

Posted in Class Actions, Litigation, Wage & Hour

In 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) Compliance

Earlier 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

Wal-Mart v. Dukes: What The Class-Action Decision Really Means for Employers

Posted in Class Actions, Discrimination & Harassment, Featured, Highlight, Litigation

Over the last 24 hours, there’s been a lot written about the Supreme Court’s decision yesterday in Wal-Mart Stores v. Dukes.  Frankly, all of them are starting to say the same thing:  The decision is going to hamper all class-action discrimination cases going forward. But that statement tends to simplify the decision a bit too… Continue Reading

BREAKING: Supreme Court Rejects Class Action Against Wal-Mart

Posted in Class Actions, Discrimination & Harassment, Litigation

Back in March, I reported on the likelihood of a victory for Wal-Mart in an important class action case up at the U.S. Supreme Court. This morning, the Supreme Court unanimously rejected the class action against the nation’s largest employer, saying, in essence, that the women who were bringing the sex discrimination charges would have… Continue Reading

The Quickly Shifting Landscape of Class Actions and Arbtirations

Posted in Class Actions, Litigation, Wage & Hour

Now 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

Are Some Employment Law Class Actions in Jeopardy? New Supreme Court Case Suggests Path

Posted in Class Actions, Discrimination & Harassment, Litigation, Wage & Hour

The 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

The Strong Pull of a “Day in Court”; Lessons Learned from Wal-Mart v. Dukes

Posted in Class Actions

Nearly everyone has chimed in over the oral argument in Wal-mart v. Dukes over the last 36 hours up at the Supreme Court.  And nearly everyone seems to be predicting an outright victory to Wal-mart.  Because we don’t even have a decision yet, I’ll leave it to others to prognosticate (read: guess) what will really… Continue Reading

Quick Hits: Wage & Hour Litigation; Protected Concerted Activity; Set-Off in Mass.; Prevailing Wage; I-9s

Posted in Wage & Hour

With all the snow piling up, there’s been a lot I’ve been meaning to get to but haven’t. So, it’s time to bring back the "Quick Hits" feature where I recap some of the employment law tidbits you might have missed recently. The Wage & Hour Litigation blog (a new employment law blog, so welcome),… Continue Reading

Breaking: U.S. Supreme Court Agrees to Hear Wal-Mart Class Action Case

Posted in Litigation

The U.S. Supreme Court this morning agreed to hear Wal-Mart’s appeal of a decision that granted certification to what would be the largest employment discrimination class action case ever heard in the United States.  The SCOTUSBlog has the definitive wrapup here.  The underlying case has raised allegations of sex discrimination by current and female workers… Continue Reading

Court Upholds Arbitration Agreement; Says Employee Can Waive FLSA Collective Actions

Posted in Class Actions, Litigation, Wage & Hour

Employers 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

Connecticut Supreme Court: Order Denying Class Certification in Minimum Wage Case Is Not Immediately Appealable

Posted in Class Actions, Litigation, Wage & Hour

The Connecticut Supreme Court, in a decision released today, ruled today that an order denying class certification is not an appealable final judgment.  The case, Palmer v. Friendly Ice Cream Corporation, gives employers and other defendants in class actions, an important arrow in their quiver of defending against class action cases.  In Palmer, thirty-seven waiters or waitresses employed by Friendly’s,… Continue Reading