Searching Content indexed under Employee Rights/ Labour Relations by Carlton Fields ordered by Published Date Descending.
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Inexperienced Class Counsel Stalls Class Certification While Defendants Attempt To Employ EEOC Conciliation Agreement Against Class
The Northern District of Illinois recently denied a motion for class certification based largely on the inexperience of class counsel ...
United States
18 Oct 2018
Eleventh Circuit Reverses NLRB Order, Enforcing Individualized Arbitration Clause In Employee Agreement
A pizza delivery driver employed by Domino's Pizza franchisee Cowabunga Inc. filed a collective action under the Fair Labor Standards Act with the National Labor Relations Board.
United States
7 Aug 2018
California Rejects Federal Wage And Hour 船e 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 船e 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 Employee Individualized Arbitration Agreements Against Challenges Based On The National Labor Relations Act
The U.S. Supreme Court ruled that agreements between an employer and an employee providing for individualized arbitration do not violate the National Labor Relations Act (NLRA).
United States
29 May 2018
Employers Must Plan Ahead To Mitigate H-1B Visa Processing Delays
The USCIS and U.S. consular officers are issuing more requests for further evidence (RFEs) and requests for further information (RFIs) in connection with these visa petitions.
United States
9 Apr 2018
Minimum Wage in the Many 'States' of California
Once upon a time, employers could determine the minimum wage they needed to pay their employees by looking to the single state in which they conducted business. No more.
United States
19 Dec 2017
New York Appellate Court Sides Against The Second Circuit And Holds Class Action Waivers Violate The NLRA
In holding that class waivers violated the NLRA, the court aligned itself with the Seventh and Ninth Federal Circuits and disagreed with the Second, Fifth, and Eighth Circuits.
United States
7 Aug 2017
NLRB Orders Dish Network To Rescind Or Revise Its Arbitration Agreement With Employees
Recently, the National Labor Relations Board (NLRB) ordered Dish Network, LLC to rescind or revise its arbitration agreement, finding that provisions in the agreement violated the NLRA Act.
United States
16 Jun 2017
Non-Union Employers Beware: Your Employee Handbook May Violate Employees' Rights
Can a company prohibit its employees from participating in public writing or speaking engagements without prior company authorization?
United States
15 May 2017
Rules Of The (International) Road
Going international is a complicated undertaking. Your specific situation and concerns will determine the steps required.
United States
22 Mar 2017
A Preview Of The 2017 Carlton Fields Class Action Survey (Video)
A Preview of the Latest Class Action Litigation Trends from the Just-Released 2017 Class Action Survey
United States
7 Mar 2017
Third Circuit Affirms Rejection Of Class Arbitration Where Employment Agreement Was Silent On Whether Arbitration Could Proceed On A Class Basis
Plaintiffs, former staffing managers of defendants' international staffing agency, alleged that defendants misclassified them as overtime-exempt employees in violation of the Fair Labor Standards Act.
United States
3 Mar 2017
As Of January 22, Employers Must Use New I-9 Employment Eligibility Verification Form
Beginning January 22, employers must only use the new I-9 Form dated November 14, 2016, which replaces the form dated March 8, 2013.
United States
27 Jan 2017
Supreme Court Grants Certiorari In Three Class Arbitration Waiver Cases Amidst Developing Federal Circuit Split
The Supreme Court will hear argument on whether arbitration provisions in employment agreements which waive class actions are a violation of the National Labor Relations Act.
United States
27 Jan 2017
The Potential Impact Of A Trump Presidency On Employers
Based on promises made during the campaign, it appears employers may expect changes in the government's approach to workplace regulation.
United States
16 Nov 2016
Ninth Circuit Affirms Certification Of "No Injury" Wage And Hour Class
On August 31, the Ninth Circuit continued its trend of certifying "no injury" classes, this time in the context of an Agricultural Workers' Protection Act claim that a Washington state fruit and vegetable farm violated the statute.
United States
16 Sep 2016
Ninth Circuit Holds That Class Action Waiver In Employment Agreement Is Unenforceable, Adding To The Circuit Split On The Issue
As a condition of employment, E&Y's employees were required to sign agreements that contained a "concerted action" waiver requiring employees to pursue legal claims against E&Y exclusively through arbitration...
United States
13 Sep 2016
Fifth Circuit Follows D.R. Horton And Murphy Oil Precedent, Ruling That An Arbitration Agreement Prohibiting Employee Class Or Collective Actions Is Permissible
The Fifth Circuit refused to enforce an order of the NLRB that found an arbitration agreement was invalid because it waived an employee's right to maintain employment related class or collective actions.
United States
9 Sep 2016
Adding To Circuit Split, Divided Ninth Circuit Finds Concerted Action Waiver In Ernst & Young's Employment Agreement Unenforceable Under NLRA
Ernst & Young's ("E&Y") employment agreements contained "separate proceedings" and arbitration provisions, which together required that disputes be resolved individually through arbitration...
United States
9 Sep 2016
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