Proskauer on Class and Collective Actions

Tag Archives: arbitration

Second Circuit Compels Individual Arbitration of Putative Class FLSA and State Labor Law Claims

On July 2, 2019, a three-judge panel of the Second Circuit reversed the lower court’s denial of a motion to compel individual arbitration of a putative class action suit brought under the Fair Labor Standards Act (“FLSA”) and New York Labor Law (“NYLL”). Abdullayeva v. Attending Homecare Services, LLC, d/b/a Attending Home Care, No. 18-651. … Continue Reading

California Court Holds that Representative PAGA Claims Are Not Subject to Mandatory Arbitration

In a 2-1 decision, the California Court of Appeal held that representative actions under California’s Private Attorney General Act (PAGA) may not be waived in mandatory, pre-dispute employment arbitration agreements. (Brown v. Ralphs Grocery Co., Cal. Ct. App., No. B222689. This decision comes as something of a surprise in light of the U.S. Supreme Court’s recent ruling … Continue Reading

The Supreme Court Favors Arbitration — Again

In recent years the U.S. Supreme Court has consistently favored arbitration against efforts to limit it, so long as the parties’ intent to arbitrate is clear.  In 14 Penn Plaza v. Pyett, in which Proskauer represented the Petitioner, the Court held that parties to a collective bargaining agreement can require bargaining unit members to arbitrate discrimination claims … Continue Reading

Class Arbitration Waivers: More Uncertainty

Continuing on our recent theme of conflicting rules on class issues, Judge Kimba Wood of the Southern District of New York ruled March 3 (PDF) that Ernst & Young could not enforce a provision in its employment contracts with its accountants that waived class claims and required claims against E&Y, including overtime claims, to be … Continue Reading

More Threats to Class Action Waivers

The post-oral-argument betting is that the Supreme Court will uphold California’s prohibition on class action waivers in arbitration agreements, in AT&T v. Concepcion — through some combination of conservative Justices concerned about protecting states’ rights and less conservative judges concerned about unconscionability.… Continue Reading
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