Topic: Class Actions

Court Narrows Definition of “Joint Employers” in Class Action Lawsuits

A recent ruling in the Third Circuit will make it harder for plaintiffs to include parent companies, subsidiaries, and affiliated companies in class action employment lawsuits. Some background, from law firm McNees Wallace & Nurick: “As in most types of class-based litigation, plaintiffs in Fair Labor Standards Act (FLSA) collective actions typically seek certification of… Read more »

Mandatory Arbitration Agreements Are Dead! Long Live Mandatory Arbitration Agreements!

The National Labor Relations Board continues to target mandatory arbitration agreements in employment contracts. From law firm Barger & Wolen: “… the National Labor Relations Board has filed a formal complaint against 24 Hour Fitness, alleging the gym company’s arbitration opt-out policy compels employees to waive their rights to utilize the civil litigation system, and… Read more »

NLRB Rules Mandatory Class Action Waivers Unlawful: 6 Takeaways for Employers & Employees

On January 3, 2012, the National Labor Relations Board ruled in D.R. Horton that the National Labor Relations Act prohibits mandatory arbitration policies forcing employees to give up their rights to participate in class action lawsuits over workplace conditions. As a result, employers with arbitration policies in place will need to review those policies to… Read more »