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  U.S. Supreme Court Lets Stand Decision of California State Court Refusing to Enforce Arbitration Agreement Containing Class Waiver Provision.Ford & Harrison LLP - January 14, 2010 The U.S. Supreme Court has refused to review the decision of the California Court of Appeals in Athens Disposal Co. v. Franco, which held that an arbitration agreement between a trash company and a driver that included a waiver of class claims and prohibited the employee from seeking civil penalties on behalf of other workers was unconscionable and so tainted with illegality that it was unenforceable. Report Link Careful What You Ask For... (4th Cir.)Ogletree Deakins - July 01, 2008 A recent Fourth Circuit case highlights potential pitfalls with class and collective action arbitrations. In Long John Silver’s Restaurants, Inc. v. Cole, et al., 514 F.3d 345 (4th Cir. 2008), the court affirmed an arbitrator’s award determining (i) the Fair Labor Standards Act’s (FLSA) “opt-in” collective action certification process was inapplicable to the arbitration proceedings, and (ii) employees could pursue an “opt out” class action. The award magnified the scope of the case by including all employees who fell within the definition of the putative class, not just those who filed consents to join the action.
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ArticlesFound: 2 ArticlesNO SUBTOPICSEmployment Law Seminars
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March 15, 2010 LittlerCreating and Keeping Employment Law RecordsWebinar
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March 17, 2010 ConstangyManaging Intermittent Leave and the Medical Certification Process Under FMLAWebinar
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March 17, 2010 LittlerHR Madness: The Road to a Winning WorkplaceJacksonville
March 18, 2010 ConstangyCalifornia Legally Required Sexual Harassment Training: It's Never Too Late To ComplyOntario
March 18, 2010 Fisher & PhillipsUnder Pressure: What You Need to Know About Immigration Regs. to Keep Your Health Care OrganizationWebinar
March 18, 2010 Vedder Price |
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