It had been far too long since I last caught up with Nina Pirrotti, who represents employees and whom I’ve had a continuing “Dialogue” on employment law issues for several years now. In fact, last time we spoke for the blog, it was exactly one year ago when we were full of optimism over the

Back in 2016, I noted that Congress had a major problem passing major legislation.  Of course, at the start of the pandemic, it passed paid COVID leave and related legislation but other than that, it’s been a LONG time since it passed anything significant.

But surprise!

Yesterday, the Senate joined the House in passing H.R.

Among the employment law questions that most people ask, I can tell you that “Are strippers independent contractors or employees?” isn’t one of them.

And yet, having posed the question, isn’t there something about it that demands an answer? After all, the employment laws we have should apply to everyone, right?

Indeed, as I’ve recounted

Last week, I had the opportunity to listen in on an informative CLE program sponsored by the Practicing Law Institute on video mediation. I’ve already participated in several of these mediations and have started incorporating them into the mediations that I do for other attorneys.

The term “video mediation” is still a work in progress.

As I noted earlier this week, the U.S. Supreme Court has approved of the use of class action waivers in arbitration agreements with employees.

My colleague, Gabe Jiran, has a recap of Epic Systems v. Lewis on my firm’s blog, Employment Law Letter, that you can access here.

So, it’s a foregone conclusion that employers

In an important 5-4 decision, the U.S. Supreme Court this morning held, for the first time, that class or collective action waivers, particularly in wage/hour cases, and contained in arbitration agreements between employers and employees are valid and enforceable.

Because wage and hour class and collective actions are quite costly for employers to defend

  • Suppose there’s an old employment agreement between the employer and employee. Then the employer fires the employee.
  • But there’s been a few intervening events and it’s not exactly clear that the employment agreement still applies.
  • Indeed, there’s another contract (let’s call it an supplier agreement) that seems to provide an independent basis for ending the