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!
Waivers
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!
Supreme Court Will Not Hear Case Involving Waiver (In A Severance Agreement) Of FLSA Collective Action Participation
By Mark Tabakman on
In a significant ruling (or lack of same) the US Supreme Court has declined to review an appellate court decision that held that employees could pursue a Fair Labor Standards…
Continue Reading Supreme Court Will Not Hear Case Involving Waiver (In A Severance Agreement) Of FLSA Collective Action Participation
The Fifth Circuit Enforces Private Settlement of Claims Under the Fair Labor Standards Act
By Fox Rothschild LLP on
Several months ago, an employer asked me why settlements under the Fair Labor Standards Act (“FLSA”) are typically accessible to the public. I explained that these settlements must be approved…
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
Concepcion Strikes Again! New Jersey Court Dismisses FLSA Class Action
By Mark Tabakman on
A few months ago, the US Supreme Court issued the landmark decision in ATT Mobility LLC v. Concepcion in which the Court held that the Federal Arbitration Act preempted state…
Continue Reading Concepcion Strikes Again! New Jersey Court Dismisses FLSA Class Action
When Donning and Doffing Necessary Protective Clothing Is Not Compensable
By Mark Tabakman on
A federal judge has dismissed a possible class/collective action concerning an alleged failure by Butterball, the giant poultry company, to pay workers for donning and doffing time. I have written…
Continue Reading When Donning and Doffing Necessary Protective Clothing Is Not Compensable