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Arbitration Agreements and Class Action Litigation

By Alan E. Seneczko / April 29, 2019

It has now become almost axiomatic that any given alleged violation of the Fair Labor Standards Act – calculation of the overtime rate, rounding procedures, travel time, exempt status, etc., can, and most certainly will, become the basis for a class action lawsuit, since a violation toward the one generally involves a violation toward the…

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New Prime Loses In Its Attempt To Compel Arbitration In Interstate Trucking Case

By Nancy E. Joerg / February 8, 2019

On January 15, 2019, the U.S. Supreme Court issued a decision in New Prime Inc. v. Oliveira, a case concerning the enforceability of arbitration agreements in the interstate trucking sector of our economy. The decision was unanimous (and very anxiously watched by the trucking community nationwide). INDEPENDENT CONTRACTOR OWNER-OPERATOR SOUGHT MINIMUM WAGE THROUGH A CLASS…

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Yes, Have Your Independent Contractors (Or Employees) Sign An Agreement To Arbitrate Disputes And Waive Their Rights To Class Action Suits!!

By Nancy E. Joerg / January 29, 2019

Clients are increasingly aware of the growing number of class action lawsuits across the United States. What should the worried company owner do? The logical response is to have independent contractors (or employees) sign a contract under which they agree to mandatory arbitration of all disputes, claims or causes of action arising out of or…

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A NEW YEAR’S RESOLUTION TO AVOID EXTREMELY EXPENSIVE WAGE CLAIMS

By Jennifer Adams Murphy / January 14, 2019

√ Audit compensation classifications and policies √ Implement arbitration agreements The New Year is a time for fresh starts – diets, exercise programs and wonderful sounding self-improvement programs. This is great – but in your quest for improvement, don’t forget about your business! While resolutions to audit employee classifications and compensation policies and to adopt…

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Supreme Court’s Ruling Regarding Arbitration Clauses is Positive News for Employers

By Joseph H. Laverty / May 30, 2018

On May 21, 2018, in a 5-4 majority decision, the U.S. Supreme Court in Epic Systems Corp. v. Lewis ruled that employers can require as a condition of employment that workers waive their rights to participate in class action lawsuits by entering into a mandatory arbitration clause in their employment agreement. Supreme Court Justice Neil…

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Ongoing Saga – Class Action Waivers

By Walter J. Liszka / June 5, 2017

Since 2012, there has been an ongoing saga created by the National Labor Relations Board (NLRB) as to whether or not an Employer can require its Employees, as a Condition of Employment, to agree to arbitrate all Legal Claims against the Employer on an individual basis only, thereby waiving Class and Collective Action Procedures. The…

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Class Action Waiver Clauses in Arbitration Agreements Face Further Scrutiny

By James B. Sherman / September 30, 2016

Arbitration agreements are a common tool many employers use as an alternative to going to court to resolve disputes with their employees. Arbitration has the potential to be a faster, cheaper, and more private way to resolve disputes, with more finality. One of the biggest advantages many employers see in arbitration is the ability to…

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