A poor joke and unsubstantiated hero worship were insufficient to overturn an arbitrator’s award in favor of Travis Kalanick and Uber Technologies Inc., according to U.S. District Judge Jed S. Rakoff. In an Aug. 3 memorandum and order, Rakoff denied
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 7
D.C. District Court Refuses to Issue Preliminary Injunction Against Alleged Retaliation in Sex Discrimination Class Action
By Greg Mersol
In the 1991 movie “Silence of the Lambs” and the book on which it was based, FBI trainee Clarice Starling is tasked with working with the now-infamous Hannibal Lector to find a serial killer. That movie won a Best Actress…
New Jersey Supreme Court Requires Delivery Drivers to Arbitrate Regardless of FAA Transportation Workers Exemption
By John Lewis
As we noted in our June 10, 2019 blog post, many have questioned whether state arbitration laws could be applied when some transportation workers are held to be exempt from the Federal Arbitration Act (FAA) based on Section 1 of…
Ninth Circuit Finds No Right of Contribution or Indemnity Under the FLSA
By Greg Mersol
Joint or single employer liability has gotten a lot of attention in recent years, where a company is held responsible for the employment obligations of a sufficiently interrelated contractor or corporate entity. Our sister blog, the Employment Law Spotlight, has…
Sixth Circuit Addresses RICO and FLSA Claims
By Greg Mersol
Successful FLSA plaintiffs will likely receive not only the claimed unpaid overtime or minimum wage, but also liquidated (double) damages and payment of their attorney fees. But what if they want . . . more? Will a RICO claim get…
Illinois District Court Decertifies FLSA Collective With 1,600 Opt-Ins
By Greg Mersol
Just before the pandemic triggered closings across the country, we identified an Illinois case as a good candidate for discussion. As the pandemic has eased, we’re taking the time now to address issues relating to the decision as to whether…
Court Vacates Jury Award Due to Problems With Plaintiffs’ Expert Reports
By Greg Mersol
Few collective actions are tried, and even when they are, unexpected problems can easily arise. Those problems in a recent case led to the court vacating a jury verdict for the plaintiffs due to what might be characterized as an…
Following AAA Rules, the Sixth Circuit Sends Non-Solicitation Action to Arbitration
By John Lewis
We recently described how organization rules, like those of the American Arbitration Association (AAA), can have a legal impact on whether a court or an arbitrator resolves a dispute. See our blog post of May 4, 2020, regarding a…
Second Circuit Upholds Fluctuating Work Week Despite Potential Payroll Issues
By Greg Mersol
More than 75 years ago, just four years after the passage of the Fair Labor Standards Act (FLSA), the United States Supreme Court recognized what has now become known as the fluctuating work week (or “FWW”) as an alternative to the…
Arkansas District Court Reduces Attorney Fees in FLSA Collective Action to $1
By Greg Mersol
It’s hard not to express cynicism when discussing attorney fee awards in overtime class and collective actions. Courts have adopted wildly different tests and benchmarks, and different jurisdictions apply very different levels of scrutiny. The availability of fees has fueled…