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Total Articles: 3

"To Arbitrate, or Not to Arbitrate: That is the Question" – A Potential Uber Class/Collective Action Will Proceed in the Eastern District of Pennsylvania.

Pennsylvania recently weighed in on the increasing and developing wage violation litigation, albeit from a procedural perspective, involving Uber Technologies, Inc. (“Uber”). On July 21, 2016, United States District Court Judge Michael M. Baylson of the Eastern District of Pennsylvania denied Uber’s request to compel arbitration, and Uber’s separate request to stay the pending court action.

Fifth Circuit Enforces Delegation Clause, Directs Arbitrator to Determine Whether FLSA Case Should Be Arbitrated

In a recent ruling, the Fifth Circuit Court of Appeals reversed a district court’s refusal to enforce an arbitration agreement’s “delegation clause” requiring the determination of arbitrability to be decided by an arbitrator. Whether the arbitration agreement applied to an employee’s pre-existing Fair Labor Standards Act (FLSA) claim was a legitimate question, the court found but one that should be answered by an arbitrator and not a judge. Kubala. v. Supreme Production Services, Inc., No. 15-41507, Fifth Circuit Court of Appeals (July 20, 2016).

Eighth Circuit Requires Arbitration of FLSA Claim and Rejects Board Decision in D.R. Horton

Executive Summary: The Eighth Circuit recently upheld the validity of a mandatory arbitration agreement containing a class action waiver and ordered the arbitration of an employee's collective action under the Fair Labor Standards Act. See Owen v. Bristol Care, Inc. (Jan. 7, 2013). In reaching this decision, the Court rejected the analysis of the National Labor Relations Board (NLRB) in D.R. Horton, Inc., which held that class action waivers violate employees' rights under the National Labor Relations Act (NLRA).