In any FLSA lawsuit involving unionized workers, the defense lawyer must always look for a preemption defense. That means that the lawsuit is not properly before a Judge because it
Continue Reading Federal Preemption Defense In FLSA Lawsuit—Good Tactic!We have experienced a watershed change in the law this week and its ripples will move outward in ever widening circles for years to come. This is, naturally, the decision
Continue Reading The Epic Systems Case—Note To Employers—Don’t Wish For Something Because You May Get It!
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
Continue Reading Arbitration of Wage Hour Claims Controversy Continues Unabated
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
Continue Reading Arbitration Provision In Handbook Withstands Judicial Scrutiny In Dismissing FLSA Collective Action: Another Magic Bullet!
I read an interesting post by Daniel Schwartz in the Connecticut Employment Law Blog. It concerned a recent Second Circuit decision that bodes well for employers in the never-ending
Continue Reading The FLSA And Arbitration
I always look for a preemption defense when I am defending a FLSA collective action, whenever there is a labor contract involved. What a magic bullet that is—get rid of
Continue Reading Preemption Defense to FLSA Collective Action Fails: No Need for Contractual Interpretation
A group of New Jersey sales associates who work in Dish Network LLC call centers urged a federal court to confirm a $1.9 million arbitration award stemming from a proposed
Continue Reading Use of Fluctuating Workweek Method To Compute Damages Disallowed
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
Continue Reading NJ Judge Denies Class Arbitration of OT Claims Because Agreement Was Silent on the Issue
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
Continue Reading Arbitration of Overtime Claim Against Exxon Ordered Because Contract Interpretation Necessary
There has been a lot of legal news being made recently concerning arbitration agreements and the Fair Labor Standards Act. Many of these cases have gone for the employer. In
Continue Reading 24 Hour Fitness Ruled Out Of Shape: Barred From Using Arbitration Provision In FLSA Collective Action