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Searching Content indexed under Litigation, Mediation & Arbitration by Noah Finkel ordered by Published Date Descending.
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Illinois Supreme Court Opens Floodgates For Damages In Class Actions Alleging Violations Of The Illinois Biometric Information Privacy Act ("BIPA")
The Illinois Supreme Court has held that a person need not have sustained actual damage beyond technical violations of BIPA, in order to pursue claims for damages.
United States
31 Jan 2019
2
New Year Brings New Illinois Expense Reimbursement Law
Because of a new law effect January 1, 2019, employers in Illinois should review and, if necessary, revise, their expense reimbursement policies to avoid a new source of potential class action exposure.
United States
9 Jan 2019
3
Check, Please! DOL Issues Opinion Letter Ending Its 20% Tip Credit Rule
Seyfarth Synopsis: The DOL has reissued a long-awaited opinion letter withdrawing its previous 20% tip credit rule and making clear that "no limit is placed on the amount of [related but non-tipped]
United States
20 Nov 2018
4
Check, Please! DOL Issues Opinion Letter Ending Its 20% Tip Credit Rule
For about a decade, restaurant employers have faced the daunting prospect of collective and class action litigation by their servers and bartenders paid under the tip credit claiming that they spent more than 20% of their time ...
United States
16 Nov 2018
5
Halloween Bill Provides A Scare By Seeking To Prohibit Workplace Arbitration Altogether
Seyfarth Synopsis: Congress has once again proposed legislation that would seek to ban mandatory workplace arbitration of employment claims
United States
8 Nov 2018
6
Ninth Circuit Issues En Banc Decision Upholding DOL's 20% Tip Credit Rule; Ball Is Now In DOL's Court
In an en banc decision, the Ninth Circuit reverses its prior panel opinion rejecting the DOL's interpretation of FLSA regulations on use of the tip credit to pay regularly tipped employees, finding that the interpretation ...
United States
4 Oct 2018
7
A Class Waiver Can Be A Condition Of Employment
In one of the most significant employment cases in memory, a sharply divided United States Supreme Court held today that employers may require employees, as a condition of employment...
United States
22 May 2018
8
SLOW DOWN Congress: You Are About To Render The FAA Inapplicable To Employment Disputes (And Class Waivers), And You Probably Don't Realize It
Pending bi-partisan legislation aimed at preventing employers from enforcing arbitration agreements of sexual harassment claims might make employers unable to enforce arbitration agreements...
United States
12 Dec 2017
9
SLOW DOWN Congress: You Are About To Render The FAA Inapplicable To Employment Disputes (And Class Waivers), And You Probably Don't Realize It
Pending bi-partisan legislation aimed at preventing employers from enforcing arbitration agreements of sexual harassment claims might make employers unable to enforce arbitration agreements ...
United States
11 Dec 2017
10
NLRB About-Face Highlights Lack Of Reasoning On The Class Action "Right" It Seeks To Assert
The NLRB has withdrawn the significant concession it offered at oral argument on the nature of the NLRA rights it seeks to assert in the face of employers' mandatory arbitration programs.
United States
11 Oct 2017
11
Class Waivers At The Divided Supreme Court: Employers Cautiously Optimistic
Following oral argument, employers should be cautiously optimistic that the Supreme Court will allow mandatory arbitration programs containing waivers of the ability to bring collective and class actions.
United States
11 Oct 2017
12
Mandatory Arbitration, Class Waivers, And The Future Of Wage-Hour Litigation: 6th Circuit Shows One Reason Why High Court Rejection Of D.R. Horton Theory Would Not Kill Collective Actions
Employers have faced questions about the enforceability of arbitration agreements with class and collective action waivers since the NLRB's highly controversial D.R. Horton decision in 2012...
United States
4 Jul 2017
13
Classifying A Loan Underwriter As Exempt Is A Risk Worth Taking, Says Sixth Circuit
The demise of bank loan underwriters' exempt status has been greatly exaggerated—at least according to a recent Sixth Circuit decision upholding the dismissal of a putative collective action against Huntington Bank.
United States
14 Mar 2016
14
Lifting The Weight: Conditional Certification Denied For Personal Trainers Claiming Off-The-Clock Work
The trainers in Steger v. Life Time Fitness, Inc. alleged that Life Time had an unofficial policy of intimidating and pressuring trainers to work off the clock.
United States
1 Feb 2016
15
Meowing Dogs And Barking Cats: Supreme Court's Grant Of Cert On Exempt Status Of Automobile Service Advisors May Result In Reminder That Exemptions Are Functional And Flexible
The U.S. Supreme Court recently agreed to resolve the question of whether "service advisors" at car dealerships are exempt from the Fair Labor Standard Act's ("FLSA") overtime pay requirements.
United States
1 Feb 2016
16
Reports Of The Death Of The Mootness Maneuver Are Greatly Exaggerated
To be sure, the Court's ruling narrows the grounds on which a defendant can obtain an early dismissal of a class or collective action by making a Rule 68 offer of complete relief to the class representative.
United States
22 Jan 2016
17
So What About Those "BlackBerry Claims" We've Been Worried About?
BlackBerry devices may be a thing of the past; but smartphones–and their ability to allow employees to be constantly connected–certainly aren't going away any time soon.
United States
18 Dec 2015
18
Eighth Circuit Concludes That $24 Million Wage Payment Judgments Have No Meat
It is not every day that multi-million dollar wage and hour class action judgments get reversed.
United States
7 Sep 2015
19
MLB Fanfest Volunteers Strike Out At Second Circuit Under FLSA's Seasonal Amusement Or Recreational Establishment Exemption
Last week, the Second Circuit affirmed a lower court decision in Chen v. Major League Baseball Properties, Inc., et al., holding that FanFest is an "establishment" for purposes of the FLSA's seasonal amusement or recreational establishment exemption, 29 U.S.C. § 213(a)(3).
United States
24 Aug 2015
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