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NLRB: Class Action Bans Unlawfully Restrict NLRA Protected Rights to Engage...

D.R. Horton Inc. and Michael Cuda.  Case 12-CA-25764 This case was before the NLRB on Michael Cuda’s challenge to D.R. Horton’s class/collective action waiver, which Cuda was required to sign as a...

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D.Minn.: Where Agreement Silent As to Collective Action, Case May Proceed on...

Mork v. Loram Maintenance of Way, Inc. This case was before the court on the defendant’s motion to compel arbitration on an individual basis.  While, the parties were in agreement that the case should...

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2 New Decisions Regarding Enforcement of Arbitration Agreements in Context of...

Recent weeks have brought more opinions regarding the issue of whether specific arbitration agreements are enforceable.  However, as two recent opinions show, these decisions continue to be...

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W.D.Wisc.: Loan Officers Compelled to Arbitrate FLSA Claims, But Class Waiver...

Herrington v. Waterstone Mortgage Corp. In  this  proposed  collective  action,  the plaintiff sought to pursue a collective action on behalf of defendant’s loan officers, seeking unpaid overtime wages...

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Respondent-Employer Enjoined From Requiring Current Employee Putative Class...

Herrington v. Waterstone Mortgage Corp. In this case, the claimant-employees had initially filed their case as a class/collective action in federal court. Pursuant to arbitration agreements that the...

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8th Cir.: NLRB’s Holding in D.R. Horton Does Not Preclude Enforcement of FLSA...

Owen v. Bristol Care, Inc. While district courts that have considered the issue since the NLRB handed down its decision in D.R. Horton last year have reached divergent opinions on its effect regarding...

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D.Idaho: Collective Action Waiver Unenforceable Under Section 7, Because It...

Brown v. Citicorp Credit Services, Inc. This case was before the court on the defendant’s motion to compel arbitration and dismiss the plaintiffs operative (second amended) complaint. Of significance,...

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U.S.S.C.: Arbitration Agreement “Silent” as to Class Actions Allows For Same

Oxford Health Plans LLC v. Sutter Although not an FLSA case, this case has far ranging effects throughout the litigation and arbitration worlds. The issue presented to the Court was whether an...

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N.D.Ala.: Arbitration Agreements Obtained By Defendant in Required Meetings...

Billingsley v. Citi Trends, Inc. This case was before the court following the court’s order prohibiting enforcement of arbitration agreements that the defendant obtained from opt-ins (prior to the time...

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6th Cir.: Collective Action Waivers in Employees’ Separation Agreements Did...

Killion v. KeHE Distributors, LLC Although this one is not exactly breaking news, we are discussing it because of its importance in the general landscape of FLSA jurisprudence. As discussed here, this...

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