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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. Report Link Supreme Court Decides That Availability of Class Action Proceedings Arbitrations Will Depend Upon Arbitration Agreement Language [PDF File].Morgan Lewis & Bockius, LLP - July 01, 2003 On June 23, 2003, the United States Supreme Court vacated two multimillion-dollar class arbitration awards holding that the question of whether an arbitration agreement forbids class arbitration should be decided by the arbitrator rather than a court, particularly where the agreement gives the arbitrator broad authority. Report Link Limiting Classwide Employment Claims Through Mandatory Arbitration Agreements [PDF File, p.3].Morgan Lewis & Bockius, LLP - May 01, 2003 Despite a series of decisions from the United States Supreme Court endorsing mandatory arbitration of employment disputes, there are still many questions employers face when drafting and implementing
alternative dispute resolution ("ADR") programs.
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ArticlesFound: 3 ArticlesNO SUBTOPICSEmployment Law Seminars
Workplace Harassment Seminar
Indianapolis
October 16, 2008 Indiana Chamber of CommerceFlorida Employment Law UpdateTampa
October 16, 2008 OgletreeTEXAS EMPLOYMENT LAW BREAKFAST BRIEFINGHouston
October 16, 2008 Phelps DunbarLabor & Employment Law Update: What Trends Do You Need to WatchChicago
October 16, 2008 Ford & HarrisonHRMAC Employee Relations Interest GroupChicago
October 16, 2008 Vedder PriceEmployment Law Developments in TennesseeMemphis
October 17, 2008 OgletreeOhio Employment Law BriefingRocky River
October 17, 2008 OgletreeExecutive Briefing: Organized Labor in the 21st Century – The Phoenix Rising from the AshesOak Brook
October 17, 2008 Vedder PriceChallenges & Opportunities for EmployersBirmingham
October 17, 2008 ConstangyThe 2008 Midwest EmployerMinneapolis
October 21, 2008 Littler |
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