Searching Content indexed under Employment Litigation/ Tribunals by Archis Parasharami ordered by Published Date Descending.
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Supreme Court Will Review NLRB's Anti-Arbitration D.R. Horton Rule
Until recently, the D.R. Horton rule had been rejected by every appellate court to consider it—the Second Circuit, Fifth Circuit, and Eighth Circuit as well as the California and Nevada Supreme Courts.
United States
19 Jan 2017
Supreme Court To Revisit Class-Certification Standards In Tyson Foods, Inc. v. Bouaphakeo
Today, the Supreme Court granted review in what may be a major decision on the standards for class certification, Tyson Foods, Inc. v. Bouaphakeo, No. 14-1146.
United States
8 Jun 2015
NLRB Refuses To Yield On Anti-Arbitration Ruling Despite Near-Unanimous Rejection By Courts
Today is Halloween, an occasion when our thoughts turn to jack o'lanterns, ghosts, and zombies. We are particularly fascinated by zombies—the dead returned to life.
United States
3 Nov 2014
Do Employers Have To Pay Unionized Workers For Time Spent Donning And Doffing Safety Gear? Supreme Court Says No.
In recent years, one of the hottest types of collective actions against employers under the Fair Labor Standards Act ("FLSA") is what is commonly called a "donning and doffing claim"—a lawsuit for unpaid wages for time employees spent changing clothes for work, such as putting on uniforms, safety gear, and the like.
United States
30 Jan 2014
Will California Strike Again? The Latest Word From The California Supreme Court On Enforcing Arbitration Agreements
Here, the California Supreme Court expressly invoked the discredited form of "effective vindication" theory, stating that its new unconscionability test requires an arbitration agreement "to provide for accessible, affordable resolution of wage disputes" as measured by a comparison between the arbitral procedures and a state’s specified litigation or administrative procedures.
United States
30 Oct 2013
California Supreme Court Grants Review In Employment Arbitration Case
Many plaintiffs' lawyers have pointed to Franco in their efforts to avoid arbitration and instead proceed with wage-and-hour class actions in California state courts.
United States
22 Feb 2013
California Court Of Appeal Rejects NLRB’s View That Federal Labor Law Prevents Use Of Class Waivers In Employment Arbitration Provisions
Twice in as many months, the California state appellate courts have enforced an arbitration agreement requiring arbitration of wage-and-hour claims on an individual basis.
United States
25 Jul 2012
California Appellate Court Issues Major Decision On Enforceability Of Arbitration Agreements In Employment Context
Since Concepcion was decided, plaintiffs' lawyers have tried to distinguish it or limit its scope in a variety of ways.
United States
7 Jun 2012
Enforceability of Arbitration Agreement in Antitrust Context Sharply Divides Second Circuit
Last Term, the US Supreme Court held in AT&T Mobility LLC v. Concepcion, 131 S. Ct. 1740 (2011),
United States
31 May 2012
Dukes v. Wal-Mart Stores: En Banc Ninth Circuit Drastically Lowers the Bar for Class Certification and Creates Circuit Court Splits in Approving Largest Class Action Ever Certified
The US Court of Appeals for the Ninth Circuit has issued a significant decision affirming the certification of the largest class action since the adoption of Federal Rule of Civil Procedure 23.
United States
7 May 2010
Employment Discrimination—Age Discrimination In Employment Act
Employment discrimination suits often involve "mixed motives." In many cases there is evidence that the employment decision giving rise to the suit was motivated by a combination of lawful and unlawful motives.
United States
8 Dec 2008
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