Searching Content indexed under Employment Litigation/ Tribunals by Carlton Fields ordered by Published Date Descending.
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Don't Count Your Chickens – Or State Citizens For CAFA Exceptions – Before They Hatch
The Ninth Circuit vacated a remand order implicating the local and home-state controversy exceptions to CAFA jurisdiction in a putative class action by former California resident employees of Kentucky Fried Chicken ...
United States
12 Nov 2018
Employers And Employees Look Ahead To Potential Impact Of SCOTUS Rulings On Arbitrations vs Class Action Cases
As we previously reported, courts continue to sift through the unsettled law left in the wake of the U.S. Supreme Court's decision in Bristol-Myers Squibb v. Superior Court of California.
United States
8 Nov 2018
Florida Appeals Court Decisions: Week of October 1 - 5, 2018
Florida Appeals Court Decisions: Week of October 1 - 5, 2018
United States
9 Oct 2018
California Rejects Federal Wage And Hour ‘De Minimis' Doctrine Causing Havoc For Employers
For what is reasonable to one person can be unreasonable to another.
United States
2 Aug 2018
California Rejects Federal Wage And Hour ‘De Minimis' Doctrine Causing Havoc For Employers
Creating havoc for employers in California, the California Supreme Court recently rejected the federal "de minimis" doctrine for wage and hour regulations.
United States
1 Aug 2018
Supreme Court Upholds Use Of Class Action Waivers In Employment Arbitration Agreements
In a significant decision awaited by U.S. employers since January 2017, the Supreme Court upheld the use of class action waivers in arbitration agreements.
United States
21 Jun 2018
Fifth Circuit Dashes Delivery Driver's Bid to Keep Wage Hour Claims Out Of Arbitration
In Edwards v. DoorDash, Inc., No. 17-20082 (5th Cir. Apr. 25, 2018), the Fifth Circuit Court of Appeals reaffirmed its position that arbitrability of claims, including whether class or collective claims must be arbitrated individually, is a threshold question that must be determined by the court prior to deciding certification motions.
United States
14 May 2018
FLSA Conditional Certification Standard Bites Plaintiffs
A district court in the Eastern District of Louisiana refused to conditionally certify a class of employees who accused their employer of intentionally underpaying and reducing hours from time records to avoid paying overtime under the Fair Labor Standards Act (FLSA).
United States
21 Feb 2018
Ninth Circuit Snubs Stolt-Nielsen, Holds Generic Employee Arbitration Agreement Permits Class-wide Arbitration
After an employer allegedly released personally identifiable information of its employees as the result of a phishing scam, plaintiff employee filed a putative class action lawsuit, alleging claims including negligence, breach of contract, invasion of privacy, and other claims.
United States
8 Nov 2017
The War Between PAGA And Arbitration In California Continues - This Time Employers Win
This substantially undercuts an employer's group exposure in wage and hour actions.
United States
7 Aug 2017
California Vacation Vesting Ruling Highlights Importance of Clear Policy Language
Can your employees claim they are owed vacation pay from their first day at work? Last week, the California Court of Appeal reminded employers in California of the importance of a clear vacation policy to avoid that liability.
United States
2 Aug 2017
Unanimous California Supreme Court Gives Green Light To Plaintiffs To Discover Employee Contact Information
In a big blow to employers, the California Supreme Court unanimously held today that plaintiffs and their lawyers must be given access to companywide employee contact information...
United States
24 Jul 2017
The "Revised Temporary" DOL Fiduciary Rule
Previously, I wrote about potential litigation under the Department of Labor's then proposed fiduciary rule (see Expect Focus, Vol. II, 2015).
United States
4 Jul 2017
The Sixth Circuit Holds That Class Action Arbitration Waivers Are Prohibited Under The National Labor Relations Act
The Sixth Circuit enforced a National Labor Relations Board's ("NLRB") order finding that Alternative Entertainment Inc., a Michigan-based satellite television retailer, violated the National Labor Relations Act...
United States
3 Jul 2017
Ninth Circuit Affirms District Court's Dismissal Of Plaintiff's Procedural Due Process Claim
On appeal, plaintiff argued that her post-termination arbitration hearing and the statutory limits on judicial review of the arbitration's result violated her procedural due process rights.
United States
24 Apr 2017
7th Circuit Becomes First Appellate Court To Find Title VII Protects Against Discrimination Based On Sexual Orientation
Kimberly Hively was a part-time adjunct professor at a community college for several years but was denied six full-time positions over a five-year period.
United States
6 Apr 2017
Ninth Circuit Holds PAGA Claimants May Be Compelled To Arbitrate
Terminix appealed from a district court order denying its motion to compel arbitration of a former employee's representative claim under California's Private Attorneys General Act...
United States
4 Apr 2017
Ninth Circuit Reaffirms Iskanian Rule, Rejects Waiver Of Representative Action Under PAGA
Defendants appealed an order from a California federal district court that denied their motion to compel individual arbitration of a former employee's representative claim under California's Private Attorney General Act (PAGA).
United States
22 Mar 2017
Ninth Circuit Reverses District Court Decision On Unconscionability Of Dispute Resolution Agreement, Severs Problematic Provisions
The Ninth Circuit reversed a district court's finding that a dispute resolution provision ("the Provision") of an employment agreement was substantively and procedurally unconscionable...
United States
10 Mar 2017
Surprising Findings On The Latest Class Action Litigation Trends (Video)
Labor and employment matters displaced consumer fraud as the most common type of class action companies faced in 2016.
United States
7 Mar 2017
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