Last week, the NLRB issued a landmark decision in McLaren Macomb that is already shaking up how private employers (both unionized and non-unionized) should consider severance agreements.
My colleagues have the full recap of the decision over at our sister blog, Employment Law Letter, from Friday and I highly recommend reading that first.
The key
There is news in the employment law world beyond sexual harassment. Arbitration clauses to be exact.
Yesterday, the Second Circuit issued a small, but important decision for employers that will continue to limit FLSA wage & hour claims.
The court ruled that an employee’s FLSA claims in court were barred by the arbitration clause contained
A 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 the case exactly.
But, coming from the school of “you can’t make this stuff up”, it is remarkable that the case that is deciding this issue is one grounded in the claims of “exotic dancers” who allege that they were misclassified as independent contractors instead of employees.
(How can the strip club claim that the individuals were independent contractors? While it is not relevant to the court’s decision here, the dancers signed “leases” to the “performance space”. Within those leases were arbitration provisions. The Court did not decide that issue, though if you’re interested, I discussed a similar case back in January here. )
What is important for all employers to know is that here, the central issue in this case was whether the agreement to arbitrate (found in a lease agreement between the exotic dancer (as “tenant”) and the strip club (as “landlord”) was enforceable. The Court said that it was. In doing so, the Court forced the plaintiffs to arbitrate their FLSA claims and remove the specter of a collection action, finding that the plaintiffs gave up that right in their case.Continue Reading In Titillating Case, Court Compels Strip Club Dancers to Engage Individually …in Arbitration
My colleague, Jonathan Orleans, chips in this week with a guest post on a recent Connecticut case about some of the restrictions that employers try to place on departing employees:
Post-employment covenants not to compete and not to solicit frequently include language that prohibits the former employee from “directly or indirectly” engaging in
In 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. .jpg)
This decision isn’t the easiest to digest. First, understand that arbitration provisions governed by federal
Earlier 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
It’s always interesting when the state agency responsible for enforcing discrimination claims is sued for discrimination itself. It’s even more interesting when the agency takes a position that is opposite of the view of the EEOC. But a case decided on July 7th by the Second Circuit Court of Appeals sets up that scenario.
The