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!
Arbitration
Arbitration of Wage Hour Claims Controversy Continues Unabated
By Mark Tabakman on
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…
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Arbitration Provision In Handbook Withstands Judicial Scrutiny In Dismissing FLSA Collective Action: Another Magic Bullet!
By Mark Tabakman on
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!
The FLSA And Arbitration
By Mark Tabakman on
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…
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Preemption Defense to FLSA Collective Action Fails: No Need for Contractual Interpretation
By Mark Tabakman on
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…
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Use of Fluctuating Workweek Method To Compute Damages Disallowed
By Mark Tabakman on
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…
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NJ Judge Denies Class Arbitration of OT Claims Because Agreement Was Silent on the Issue
By Mark Tabakman on
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
Arbitration of Overtime Claim Against Exxon Ordered Because Contract Interpretation Necessary
By Mark Tabakman on
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
24 Hour Fitness Ruled Out Of Shape: Barred From Using Arbitration Provision In FLSA Collective Action
By Mark Tabakman on
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…
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Concepcion Gaining Vitality From Supreme Court In Kicking FLSA Collective Actions
By Mark Tabakman on
The U.S. Supreme Court’s recent holding in AT&T Mobility LLC v. Concepcion has been increasingly used by employers in defending against and, in seeking dismissal of, FLSA collective actions. This…
Continue Reading Concepcion Gaining Vitality From Supreme Court In Kicking FLSA Collective Actions