Image Credit: PXhere.com (https://pxhere.com/en/photo/854901) Well, there’s always a chance the court might, you know, enforce it. You think? Actually, the employer almost got away with it had it not been for those meddling kids the Fifth Circuit Court of Appeals. Here’s what happened: A plaintiff sued her former employer in…
By Photograph by Franz Jantzen, Collection of the Supreme Court of the United States [Public domain], via Wikimedia CommonsSure, I can do that for you. First, we need some music. Godsmack? Celine Dion? Billy Idol? Nah, let’s go with Whitesnake. Give it to me in a nutshell, Eric. I want it…
Image Credit: Pixabay.com (https://pixabay.com/en/wave-water-sea-tsunami-giant-wave-11061/) And here you thought you were so smart by getting all of your employees to agree to class-action waivers and binding arbitration of all employment-related claims. Maybe not so much. Death by a thousand paper cuts. Yesterday, I read this article from Jon Steingart at Bloomberg Law’s…
Consider this my attempt at “Serenity now” after chaperoning eight kids eight and younger at a Philadelphia Phillies game on Saturday. With a rain delay. And the tiny dancer featured above. Fortunately, we left the ballpark with all of the kids. I think. Hopefully, my oldest son, Brooks, enjoyed his birthday.…
Hey, no disrespect to the Sixth Circuit Court of Appeals, and all… They decided last week in NLRB v. Alternative Entertainment (opinion here) that, under the National Labor Relations Act, an employer cannot force employees to agree to mandatory arbitration and bar collective or class action lawsuits. The former is ok, the latter…
February was a bit of a crappy month for Uber. Well, aside of the millions of dollars I trust they made in fares. The month began with the vestiges of a January protest for taking fares at JFK airport, while taxis stood in solidarity with refugees. Then, there were allegations…
” Picture a nerdier version of the Ultimate Fighting Championship, where persuasive legal briefs and sharp oral advocacy are like rear naked chokes and “ground and pound.” The fight card. [Cue music] In the red corner, we have the Federal Arbitration Act. Among other things, the FAA allows an employer and employee…
Last night, while you we sleeping in your comfy beds — me, on a pile of money, blogging power and, yes, ego — a Texas federal judge entered an injunction against the final “blacklisting” rules and guidance of the U.S. Department of Labor (DOL) and the Federal Acquisition Regulatory Council. What were…
Is it just me, or do you guys also quote Varsity Blues whenever you hear the Foo Fighters sing My Hero? “I don’t want your life.” Do your employees sign agreements requiring them to arbitrate all claims, while also prohibiting them from pursuing class or collective actions? Yeah, me too. I’ll be damned…
Its seems likes ages ago that I blogged about a Seventh Circuit decision, where the appellate court held that an employment-arbitration agreement with a class-action waiver violates the National Labor Relations Act. Uh, Eric, it was Tuesday. ***stabs inner voice with a Q-Tip*** Well, guess what? Yesterday, in Cellular Sales of Missouri…