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Snell & Wilmer’s Labor and Employment Law Blog provides breaking news and updates on legal issues facing employers.Topics
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Employers May Prohibit Employees From Opting In To Class Actions
Last year, in Epic Systems Corp v. Lewis, the Supreme Court held that employers act lawfully when they require employees, as a condition of employment, to enter into agreements with the employer waiving their rights to pursue employment claims through … Continue reading
Posted in Arbitration, Class Action, NLRB
| Tagged Arbitration, Class Action Waiver, Employment Arbitration Agreements
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United States Supreme Court Continues Its Trend of Enforcing Individual Employment Arbitration Agreements
Approximately one year ago, the United States Supreme Court issued its landmark decision in Epic Systems v. Lewis, 548 U.S. ___ (2018), holding that class action waivers contained in arbitration agreements, including agreements between employers and their employees, are permissible … Continue reading
Posted in Arbitration, Class Action
| Tagged Class Action Waiver, Employment Arbitration Agreements, Epic Systems, Ernst & Young LLP, Lamps Plus, Lewis, Morris, Murphy Oil, Ninth Circuit, NLRB, SCOTUS, Section 7, Supreme Court, Wage & Hour
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Transportation Workers Get a Green Light to Ignore Arbitration Agreements for Wage Claims
The California Court of Appeal in Nieto v Fresno Beverage Company took the position that a driver who delivered beverages solely within the state of California was nonetheless a “transportation worker” who was exempt from the Federal Arbitration Act (“FAA”) … Continue reading
Posted in Arbitration, California, Class Action
| Tagged California Court of Appeal, California Labor Code, Class Action Waiver, FAA, Federal Arbitration Act, Nieto, Section 229
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Check Your Arbitration Agreements: The Supreme Court Handed Workers A Big Win
In a unanimous opinion, with Justice Ginsburg concurring, the U.S. Supreme Court held that an exemption under the Federal Arbitration Act (“FAA”) applies to contracts with independent contractors. The FAA generally requires courts to enforce private arbitration agreements. But the … Continue reading
Posted in Arbitration, Class Action, Independent Contractor
| Tagged Arbitration, Employment Arbitration Agreements, SCOTUS
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Every Minute Counts: Supreme Court Rules Employers Cannot “Skim” Minutes
On Thursday, the California Supreme Court held the federal Fair Labor Standards Act de minimis rule, which limits suits over small increments of unpaid time upon a showing that the bits of time are administratively difficult to record, does not … Continue reading
Posted in California, Class Action, FLSA, Pay
| Tagged California Labor Office, California Wage Order, De Minimus, Off The Clock, Rule, Shift, Skim Time, Unpaid Time, Wages
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Tolling of Statute of Limitations in Class Action Realm Narrowed
In 1974 the United States Supreme Court in American Pipe & Construction Co. v. Utah held that the timely filing of a class action tolls the applicable statute of limitations for all persons encompassed by the class complaint. This holding … Continue reading
Posted in Class Action, Pay
| Tagged Class Certification, Ninth Circuit, SCOTUS, Statute of Limitations, Supreme Court, Wage & Hour
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Supreme Court Blesses Employers’ Use of Class Action Waivers
As previously reported on October 13, 2017, see here, the Federal Courts of Appeal were evenly divided on the question of whether class action waivers contained in otherwise enforceable employment arbitration agreements were permissible. Three Courts of Appeal, i.e., the … Continue reading
Posted in Class Action, NLRA, NLRB
| Tagged Class Action Waiver, Employment Arbitration Agreements, Protected Concerted Activity, SCOTUS, Section 7, Supreme Court
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Arbitration Agreement Contained in Employee Handbook and Signed During Pending Class Action Is Invalid
On April 20, 2018, the California Court of Appeal, in the case Nguyen v. Inter-Coast International Training, Inc., held that an arbitration agreement contained in an employee handbook was both procedurally and substantively unconscionable. In that case, after a wage … Continue reading
Posted in California, Class Action, Pay
| Tagged Agreement, Arbitration, California Court of Appeal, Employment Arbitration Agreements, Handbook, Policy, Unconscionable, Wage & Hour, Wage Discrimination, Wages
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SCOTUS to Address Current Split Over Enforceability of Class Action Waivers Contained in Mandatory Arbitration Policies
Many employers have implemented mandatory arbitration policies requiring that all employment related disputes be resolved through final and binding arbitration rather than in traditional court proceedings. In addition to these potential benefits, many employers have added class action waivers to their … Continue reading
Posted in Class Action, NLRA, NLRB
| Tagged Arbitration, Class Action Waiver, Employment Arbitration Agreements, Protected Concerted Activity, Section 7
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Ninth Circuit Invalidates Class Action Waivers Contained in Employment Arbitration Policies
The Ninth Circuit, currently joined by two other federal courts of appeal, has adopted the longstanding position of the National Labor Relations Board (“NLRB”) that class action waivers commonly found in employment arbitration agreements violate the right to engage in … Continue reading
Posted in Class Action, Hiring, NLRB
| Tagged Class Action Waiver, Employment Arbitration Agreements, FAA, NLRA, Protected Concerted Activity
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