Wage and Hour Defense Blog

Wage and Hour Defense Blog

Tag Archives: Supreme Court

Supreme Court Will Resolve Class Action Waiver Split – Employment Law This Week

Featured on Employment Law This Week: The U.S. Supreme Court takes on class action waivers.

In 2012, the National Labor Relations Board (NLRB) ruled that class action waivers in arbitration agreements violate employees’ rights under the National Labor Relations Act (NLRA). The U.S. Court of Appeals for the Second, Fifth, and Eighth Circuits disagreed, finding that these waivers do not violate the NLRA and are enforceable under the Federal Arbitration Act. More recently, the Seventh and Ninth Circuits sided with the NLRB on the issue. The Supreme Court will consider three cases in order to resolve this split, but … Continue Reading

Supreme Court Set To Resolve Class Action Waiver Dispute

Supreme Court Set To Resolve Class Action Waiver DisputeOn January 13, 2017, the United States Supreme Court granted certiorari to hear three cases involving the enforceability of arbitration agreements that contain class action waivers.

Whether such agreements are enforceable has been a hotly contested issue for several years now, particularly in cases involving wage-hour disputes.

The Fifth Circuit has held that such waivers can be enforceable (NLRB v. Murphy Oil, Inc.), joining the Second and Eighth Circuits in that conclusion. The Seventh (Epic Systems, Inc. v. Lewis) and Ninth Circuits (Ernst & Young LLP v. Morris) have held that they are not, … Continue Reading

Supreme Court Update: Bar Is Lowered for Class Action Removal

Our colleague Stuart M. Gerson at Epstein Becker Green wrote a new blog post that discusses the Supreme Court’s recent Dart decision: “Supreme Court Lowers the Bar for Class Action Removal.”

Following is an excerpt:

On December 15, 2014, the Supreme Court of the United States decided Dart Cherokee Basin Operating Co. v. Owens, a class action removal case.

 In short, the Dart case is welcome news to employers. Standards for removing a case from state to federal court have been an abiding point of concern for employers faced with “home town” class actions. In more recent times, … Continue Reading

Michael Kun Quoted in Inside Counsel About Dukes Impact on Wage-Hour Class Actions

Michael Kun, co-founder of this blog and Member of Epstein Becker Green, was recently quoted in Inside Counsel about the impact of the U.S. Supreme Court’s Wal-Mart v. Dukes decision upon wage-hour class actions.

The article, “Citing Dukes, Court Overturns Class Certification in Wage and Hour Dispute,” focuses on the Ninth Circuit’s recent Wang v. Chinese Daily News decision, about which Michael has previously written in this blog.… Continue Reading

Supreme Court May Weigh in on When Employers Can Take Advantage of the “Fluctuating Workweek” Method for Calculating Overtime

By Kara M. Maciel and Jordan Schwartz

As many employers are aware, the federal Fair Labor Standards Act (“FLSA”) mandates that employers pay non-exempt employees one and one-half times their regular rate of pay for all hours worked in excess of 40 in a workweek. However, as discussed by our colleague, Richard Tuschman, in his blog post “Reducing Your Company’s Exposure on FLSA Exemption Claims,” depending on the nature of an employee’s work schedule and salary arrangement, an employer can take advantage of the “fluctuating workweek” method. In so doing, an employer may compensate a non-exempt employee for overtime compensation at … Continue Reading

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