It has now become almost axiomatic that any given alleged violation of the Fair Labor Standards Act – calculation of the overtime rate, rounding procedures, travel time, exempt status, etc., can, and most certainly will, become the basis for a class action lawsuit, since a violation toward the one generally involves a violation toward the…

On January 15, 2019, the U.S. Supreme Court issued a decision in New Prime Inc. v. Oliveira, a case concerning the enforceability of arbitration agreements in the interstate trucking sector of our economy. The decision was unanimous (and very anxiously watched by the trucking community nationwide). INDEPENDENT CONTRACTOR OWNER-OPERATOR SOUGHT MINIMUM WAGE THROUGH A CLASS…

Clients are increasingly aware of the growing number of class action lawsuits across the United States. What should the worried company owner do? The logical response is to have independent contractors (or employees) sign a contract under which they agree to mandatory arbitration of all disputes, claims or causes of action arising out of or…

√ Audit compensation classifications and policies √ Implement arbitration agreements The New Year is a time for fresh starts – diets, exercise programs and wonderful sounding self-improvement programs. This is great – but in your quest for improvement, don’t forget about your business! While resolutions to audit employee classifications and compensation policies and to adopt…

On May 21, 2018, in a 5-4 majority decision, the U.S. Supreme Court in Epic Systems Corp. v. Lewis ruled that employers can require as a condition of employment that workers waive their rights to participate in class action lawsuits by entering into a mandatory arbitration clause in their employment agreement. Supreme Court Justice Neil…

Since 2012, there has been an ongoing saga created by the National Labor Relations Board (NLRB) as to whether or not an Employer can require its Employees, as a Condition of Employment, to agree to arbitrate all Legal Claims against the Employer on an individual basis only, thereby waiving Class and Collective Action Procedures. The…

Arbitration agreements are a common tool many employers use as an alternative to going to court to resolve disputes with their employees. Arbitration has the potential to be a faster, cheaper, and more private way to resolve disputes, with more finality. One of the biggest advantages many employers see in arbitration is the ability to…