• Posts by Stuart M. Gerson
    Of Counsel
    | 202-861-4180

    Attorney Stuart Gerson’s respected trial and appellate skills and power of persuasion help him successfully represent health care, life sciences, and financial services clients in high-stakes civil and criminal matters ...

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Blogs
Clock 2 minute read
Supreme Court Holds That Judges Can’t Invent Rules Governing Arbitration Waiver
Categories: Collective Actions, FLSA Litigation, Wage and Hour Policies, Wage-Hour Class Actions
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Litigators who defend cases brought under the Fair Labor Standards Act (“FLSA”), particularly ‘collective actions” alleging wage-and-hour violations, often have been able to counter, or even sometimes support, allegations that arbitration agreements have been waived where the conduct of a party has caused prejudice to the other side. In the case of Morgan v. Sundance, Inc., a unanimous Supreme Court has now held that the determinant of waiver is solely dependent upon the nature and magnitude of the actions of the party that might be inconsistent with arbitration, without respect to alleged prejudice.

Blogs
Clock 2 minute read
Supreme Court: CBA May Provide Time Spent Donning & Doffing Protective Gear is Not Compensable
Categories: Off the Clock
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On January 27, 2014, the United States Supreme Court resolved a long-standing and hotly-contested issue of importance to unions, when it held that time spent donning and doffing required protective gear was not compensable under the Fair Labor Standards Act and the terms of a collective bargaining agreement. Sandifer v. United States Steel Corp., No. 12-417.

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