There are times when one would rather not be proven right. Nearly four years ago, a California district court invalidated AB 51, which sought to prohibit mandatory arbitration by, among other things, calling for criminal sanctions against employers who use such agreements. Chamber of Commerce of the United States v. Becerra, Case No. 2:19-cv-02456-KJM-DB
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10th Circuit Reverses Class Certification in Claimed Off-the-Clock Case
Court also holds that arbitrability questions must be resolved by the arbitrator
The 10th Circuit has decided two significant issues in an otherwise garden-variety off-the-clock case, one relating to arbitration and the other to one inherent problem in such cases. Brayman v. Keypoint Government Solutions, Inc., Case Nos. 22-1118 & 22-1168 (10th Cir. 2023).
The facts…
Supreme Court Holds That a Case Should Be Stayed Automatically When a Party Appeals a Decision Not To Arbitrate It
While several recent Supreme Court decisions have garnered significant headlines, the Court’s late June ruling in Coinbase, Inc. v. Bielski, (Case No. 22-15), likely flew under the radar for the national media outlets. For practitioners who frequently deal with motions to compel arbitration, however, the justices’ 5-4 decision resolves a circuit split and follows…
Coinbase Inc. v. Bielski – Supreme Court Holds Oral Argument on the Issue of Whether an Interlocutory Appeal of the Denial of a Motion To Compel Arbitration Stays the Case
The Coinbase case involves a joint petition for writ of certiorari that could have a major impact on motions to compel arbitration under the Federal Arbitration Act (FAA). Coinbase, Inc. v. Bielski, Case No. 22-105 (oral argument Mar. 21, 2023, in the Supreme Court of the United States). It raises an important issue – must…
Supreme Court Adopts Strict Construction of Salaried Test, Even for Highly Paid Exempt Employees
One relatively common misapprehension by employers is that generous wages or popular methods of payment will satisfy the Fair Labor Standards Act (FLSA). On February 22, 2023, the Supreme Court reiterated the need not simply for “fair” employment policies or high wages but for adherence to the specific tests for exempt employees.
In Helix Energy…
Illinois Supreme Court: Sections 15(b) and 15(d) BIPA Claims Accrue with Each Scan or Transmission
Today the Illinois Supreme Court issued a decision in Cothron v. White Castle System, Inc. 2023 IL 128004, in which the court held that the statute of limitations accrues with each scan or transmission of biometric identifiers or biometric information for claims arising under Sections 15(b) and 15(d) of the Illinois Biometric Information Privacy Act,…