By Patrick Scully In its first significant decision applying the Supreme Court’s holding in Epic Systems v. NLRB, 584 U.S. ____, 138 S.Ct. 1612 (2018), the National Labor Relations Board (“NLRB” or “Board”) ruled that a restaurant owner lawfully compelled its employees to sign a revised mandatory arbitration agreement. The employer, an operator of Latin-themed […]
Tag: collective action
Class Averaging
By Bryan Stillwagon The Supreme Court ruled today that Plaintiffs’ use of average donning and doffing times was proper and sufficient to affirm a $5.8 million judgment against Tyson Foods. Tyson Foods, Inc. v. Bouaphakeo, No. 14-1146 (Mar. 22, 2016). Plaintiffs (employees in a pork processing plant in Iowa) relied at trial on an industrial relations expert’s […]
Court Order Trumps Board
By Bill Wright What happens when the NLRB says an arbitration agreement is illegal, but a court enforces the agreement anyway? Four plaintiffs recently found out. In Hobson et al. v. Murphy Oil USA, Inc., No. CV-10-S-1486-S (N. D. Ala. July 8, 2015), the plaintiffs brought a collective action, for themselves and others, seeking unpaid […]
NLRB Sticks To D.R. Horton
By Lori Phillips Recently in Chesapeake Energy Corp., 362 NLRB No. 80 (Apr. 30, 2015), the NLRB held fast to its ruling in D.R. Horton, Inc., 357 NLRB No. 184 (2012). The employer required its employees to sign an arbitration agreement as a condition of employment. The agreement required “binding arbitration to resolve all disputes” […]
2 Plaintiffs, 24 years to Appeal
By Bill Wright Is this a record? The 11th Circuit Court of Appeals recently ruled on a case involving 2 plaintiffs and 6 claims. The most remarkable fact is that the case at issue started in June 1990. That’s when the Complaint was filed; the EEOC charge must have been before that. The underlying facts […]
Another Win for FLSA Class Action Waiver
By Lori Phillips In Porreca v. Rose Group, No. 13-1674 (E.D. Penn. Dec. 11, 2013), an employee attempted to bring class claims for violations of the wage and hour provisions of the FLSA against its restaurant employer in federal court. The restaurant moved to compel arbitration, and the employee fought it, arguing that the arbitration […]
Federal Court Ignores Supreme Court Guidance on Collective Action Arbitration
A federal district court in Idaho chose to follow the NLRB, instead of the Supreme Court and several U.S. Circuit Courts of Appeals, on the hot topic of collective action arbitration. Brown v. Citicorp, No. 1:12-CV-00062 (D. Idaho Feb. 21, 2013). The court reviewed an arbitration agreement between an employer and employee. In the agreement, […]
Court May Decertify a Class If Trial Is Not Feasible
By Bill Wright The Seventh Circuit Court of Appeals is teaching wage and hour plaintiffs’ lawyers to be reasonable. Espensheid v. DirectSat USA, LLC, No. 12-1943 (7th Cir. February 4, 2013) (Posner, J). In this case, plaintiffs’ lawyers brought a collective action under the Fair Labor Standards Act and class actions under state law. (For […]