Second Circuit Compels Individual Arbitration of Putative Class FLSA and State Labor Law Claims

By Myron Rumeld & Rachel Therese Gulotta on July 11, 2019

On July 2, 2019, a three-judge panel of the Second Circuit reversed the lower court’s denial of a motion to compel individual arbitration of a putative class action suit brought under the Fair Labor Standards Act (“FLSA”) and New York Labor Law (“NYLL”). Abdullayeva v. Attending Homecare Services, LLC, d/b/a Attending Home Care, No. 18-651. The decision is significant in that it furthers a trend in favor of enforcing individual arbitration agreements that have the…

International Labor and Employment Law

Romania Amends Labour Code to Provide In-Vitro Fertilization Leave

By Erika C. Collins, Daniel Ornstein & Rachel Therese Gulotta on July 10, 2019

Romania’s fertility rate is statistically low, with only 1.54 children born per woman in 2018. The country’s birth rate has continued to decline since the early 90s, and more families are choosing to have one or no children. In-vitro fertilization, while increasingly common in the European Union, is rare in Romania. Approximately 5,000 Romanian couples undergo the procedure each year, in comparison with 40,000 couples in France. Romania recently made changes to its Labour Code…

International Labor and Employment Law

Mexico Overhauls Federal Labor Law in Workers’ Favor

By Erika C. Collins, Daniel Ornstein & Rachel Therese Gulotta on May 10, 2019

Mexico Overhauls Federal Labor Law in Workers’ Favor On May 1, 2019, International Workers’ Day, Mexico published amendments to its Federal Labor Law in the Federal Official Gazette and secured the right of Mexican workers to organize and enter into collective bargaining agreements. The Mexican Senate voted 120 to 0 to pass the Labor Reform Decree, which will regulate amendments made to Mexico’s Federal Constitution in February 2017.[1] The Decree also ensures Mexico’s compliance…

Proskauer Whistleblower Defense

N.D. Illinois Refuses To Expand Reach of Commodity Exchange Act Whistleblower Provisions

By Steven J. Pearlman & Rachel Therese Gulotta on November 8, 2018

On October 22, 2018, the U.S. District Court for the Northern District of Illinois granted a Rule 12(b)(6) motion to dismiss a first-impression whistleblower retaliation claim under the Commodity Exchange Act (“CEA”). Johnson v. Oystacher, No. 15-cv-02263. Background Plaintiff and Defendant went into business together in January 2011, with Plaintiff acting as Chief Risk Officer and Defendant handling the company’s volume futures trading. They split ownership of the company by 10% and 90% respectively. In…

Rachel Therese Gulotta

Second Circuit Compels Individual Arbitration of Putative Class FLSA and State Labor Law Claims

Romania Amends Labour Code to Provide In-Vitro Fertilization Leave

Mexico Overhauls Federal Labor Law in Workers’ Favor

N.D. Illinois Refuses To Expand Reach of Commodity Exchange Act Whistleblower Provisions

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