The controversy over whether employees must arbitrate wage claims continues with full force. A federal judge has just sent to arbitration a claim by an employee that the Company violated the Fair Labor Standards Act by not paying him overtime pay. The Court found that the parties had “clearly and unmistakably” agreed that an arbitrator

There has been a great deal of litigation about class action waivers in Employee Handbooks and use of arbitration mechanisms in Employee Handbooks to preclude judicial litigation. A recent New Jersey federal case sheds more light on this thorny issue, and the decision favors employers. The case is entitled Essex v. The Children’s Place and

A major issue of recent vintage in wage hour litigation is whether workers must arbitrate their claims individually, as opposed to pursuing class actions, whether in an arbitration forum or in court.  The doctrine favoring arbitration was just given another boost, as Robert Half International Inc. has won a motion to keep worker overtime claims

Arbitrate or litigate? Like everything else in the law, it depends…

Whether a claim for overtime should be arbitrated rather than fought out in court depends on whether the claim necessitates examination and interpretation of the labor contract. Under well-established legal principles, workers have an independent right to sue in court, rather than arbitrate, but