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Employee need not arbitrate representative PAGA claim despite SCOTUS approval of class action waivers
Considerations that led the Supreme Court to rule that class action waivers in arbitration agreements are enforceable are not implicated to the same extent by arbitration of PAGA claims, which don’t...
Do courts have authority under FLSA to review settled attorneys’ fees?
No, the Eighth Circuit held. A court’s authority to review wage settlements under FLSA Section 216(b) does not extend to reviewing the parties’ settled attorney fees. The district court erred in...
Employee offered sufficient cat’s paw evidence that military service was motivating factor in discharge
A stratified termination procedure created circumstances in which a biased direct supervisor could make a “cat’s paw” of upper management, leaving it for a jury to decide whether a senior...
Unanimous NLRB holds arbitration agreement interfered with employees’ right to file Board charges
In view of the congressional command that the Board’s power to prevent unfair labor practices shall not be affected by other means of adjustment that may be established by agreement or law, the Board...
Group home violated FLSA by not compensating employees for their sleep time
Long-term staff who were not paid for 56 hours of sleep time under an employer’s sleep-time policy were entitled to compensation for that time where the employer failed to meet the “conditions...