Archives: Employment

The Fourth Circuit Refuses to Enforce Arbitration Clause and Class Action Waiver in Employment Contracts

By Bill DeVinney on February 21, 2018 Posted in Arbitration, Employment

As we have previously written, several Supreme Court decisions have upheld, in various contexts, arbitration agreements that waive the right to assert claims on a class basis. See, e.g., AT&T Mobility LLC v. Concepcion, 563 U.S. 333 (2011); American Express Corp. v. Italian Colors Restaurant, 570 U.S. 333 (2013); DIRECTV, Inc. v. Imburgia, 577 U.S. … Continue Reading

2016 Class Action Year-End Review

By BakerHostetler on March 30, 2017 Posted in Advertising Class Action, Antitrust, Class Actions Privacy, Consumer Fraud, Data Breach, Employment

We are pleased to share BakerHostetler’s 2016 Class Action Year-End Review, which offers a summary of key developments in class action litigation during the past year. Class action litigation moved to the forefront of the Supreme Court’s docket in 2016 and promises to remain there in 2017, as class action doctrine continues to evolve in … Continue Reading

Seventh Circuit Bucks the Trend, Holding That Class and Collective Action Waivers in Employee Arbitration Agreements Violate the NLRA

By Bonnie Keane on June 8, 2016 Posted in Employment

In Lewis v. Epic Systems Corp., No. 15-2997 (7th Cir. May 26, 2016) (slip op.), the Seventh Circuit held that class and collective action waivers in arbitration agreements are not enforceable because they violate the National Labor Relations Act (NLRA), 29 U.S.C. §§ 151 et seq. In so doing, the court created a circuit split … Continue Reading

Tyson Foods, Inc. v. Bouaphakeo: The Supreme Court Declines to Rule Out Representative Evidence in Class Actions

By Brian Noethlich on March 25, 2016 Posted in Employment

In Tyson Foods, Inc. v. Bouaphakeo, 577 U.S. __ (2016), the Supreme Court considered whether a case could proceed as a class action under Rule 23(b)(3) when the plaintiffs relied upon statistical, representative evidence to show both the existence of injury and damages. On Tuesday, in a 6-2 decision, the Supreme Court held that the … Continue Reading

California Supreme Court Pounds Another Nail into the Coffin of “Trial by Formula” in Class Actions

By Paul Karlsgodt on June 2, 2014 Posted in Class Action Trends, Employment

Editor’s Note: This blog post was originally posted on ClassActionBlawg.com. It is reproduced with permissions. The California Supreme Court issued its long-awaited decision in Duran v. U.S. Bank National Association yesterday, addressing the use of statistical sampling as a way of evaluating aggregate liability and damages in a class action. Although Duran is a wage … Continue Reading

Nevada Court Blesses Plaintiff’s Counsel Use of Facebook and Twitter to Advertise Pending Collective Action

By Casie Collignon on November 27, 2013 Posted in Class Certification, Employment, Practice Pointers

The District of Nevada recently allowed Plaintiff’s counsel to solicit potential collective action members on Facebook and Twitter. In Gamble v. Boyd Gaming Corp., D. Nev., No. 2:13-cv-01009-JCM-PAL (Nov. 20, 2013), the plaintiff brought a collective action under the Fair Labor Standards Act on behalf of defendant’s employees that were allegedly required to work “off … Continue Reading

Second Circuit Enforces Class Action Waiver in FLSA Case Under AMEX

By John Lewis on August 13, 2013 Posted in Class Action Trends, Employment

Editors’ Note: This post was previously published on Baker’s Employment Class Action blog, and is reprinted with permission. The Sutherland v. Ernst & Young case raised a now familiar question and the Second Circuit gave an answer in keeping up with recent U.S. Supreme Court precedent. The question was whether an employee could invalidate a … Continue Reading