In deciding a reoccurring issue, Judge James D. Peterson of the Western District of Wisconsin found no valid arbitration agreement existed, because of a disclaimer in a 48-page employee handbook. See O’Bryan v. Pember Companies, Inc., Case No. 20-cv-664jdp,
Employment Class Action Blog
Information and Commentary on Class Action Cases Affecting Employers
The Employment Class Action Blog, published by Baker & Hostetler LLP, focuses on legal developments and issues related to employment class actions and collective litigation. It covers topics such as arbitration agreements and motions to compel arbitration, wage and hour disputes including Fair Labor Standards Act exemptions, biometric privacy claims under laws like Illinois BIPA, and procedural aspects of class action litigation. The blog analyzes court decisions impacting employer obligations, employee rights, and litigation strategies in employment-related class and collective actions, providing updates on significant rulings from various courts including the U.S. Supreme Court and state supreme courts.
Latest from Employment Class Action Blog - Page 4
California Court Affirms Value of Employee Time Punches in Defeating Class Certification
UPDATE: On August 11, 2021, the California Supreme Court de-published its decision in Salazar v. See’s Candy Shops Inc., the subject matter of this blog. As a result of the decertification, the decision no longer has precedential effect and cannot…
Ninth Circuit Holds That District Court Must Weigh Evidence to Determine Rule 23(b) Predominance
By Greg Mersol
While statistical evidence has long been held to be probative on the issue of potential discrimination, it can also be tricky. Questions often abound regarding the collection of data used for statistical comparisons, the methodology used and the treatment of…
Can You Waive Appellate Review of an Arbitration Award? The Fourth Circuit Says Yes
By John Lewis
Many arbitration agreements address the finality of any resulting award, with differing and sometimes vague language. A number of readers might assume that regardless of the agreement language, federal courts still retain jurisdiction to review awards under the Federal Arbitration…
Seventh Circuit Decertifies Sexual Harassment Class That Relied on Novel Theory
By Greg Mersol
Sexual harassment of prison staff by prison inmates is a difficult issue. Courts have rightly held that harassment by inmates can be actionable when the employer fails to take reasonable steps to combat it, but prisoners are not employees and are…
Order Sending Former Mail Sorter to Arbitration Teaches Some Lessons About Who Is a Transportation Worker and Agreement Coverage
By John Lewis
Since 2019, we have been tracking the decisions struggling to interpret the scope of the Federal Arbitration Act (FAA) Section 1 exemption for transportation workers. In other words, we’ve looked at who qualifies as a transportation worker “actually engaged in…
Implicit Waiver of The Right to Arbitrate by Litigation – A Massachusetts District Court Addresses The Factors
By John Lewis
Complex cases can present difficult legal issues but may also illuminate how courts evaluate questions such as when a party has waived its right to arbitrate. This is true regardless of the type of claims presented because the analytical framework…
Florida Court Denies Conditional Certification in Tip Credit Case
By Greg Mersol
Court also rejects ‘fail-safe class’ allegations
The restaurant industry has been among the hardest hit during the current pandemic, but that has not prevented plaintiffs from pursuing class and collective action claims against it. A recent case, however, has rejected…
Ninth Circuit Rejects Airline’s Constitutional Challenges to California’s Wage Statement Statute
Virtually by definition, many transportation workers, and many employees of airlines and railroads in particular, regularly travel and work in many states. For the most part, that does not impede their work or their employers’ businesses, but what if one…
Seventh Circuit Fires Warning Shot, USERRA May Require Paid Military Leave
By Todd Dawson
In a case that it characterized as one of first impression in the federal courts of appeals, the Seventh Circuit held last week that the Uniformed Services Employment and Reemployment Rights Act, 38 U.S.C. § 4301 et seq. (“USERRA”), may, in…