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Christian White Comments on New Appointments to NLRB

News / July 21, 2017

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Employment Class Action Blog
Tennessee District Court Refuses Conditional Certification of Class of Assistant Managers
August 21, 2019
In collective actions under the FLSA, courts typically apply a lower standard to the first “conditional certification” stage. In some cases, that might be warranted, but in many instances courts will undertake an unduly lenient review and...
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Employment Class Action Blog
Ohio Supreme Court Addresses Waiver of the Right to Arbitrate in the Putative Class Action Context
August 19, 2019
In Gembarski v. PartsSource, Inc. (Slip Opinion No. 2019-Ohio-3231, decided Aug. 14, 2019), the Supreme Court of Ohio clarified the standards for waiver of the right to arbitrate in the class action context where only unnamed putative...
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Employment Class Action Blog
District Court Decertifies FLSA Collective Action With Independent Contractor Issues
By Gregory V. Mersol
August 9, 2019
We’ve commented many times before that relatively few collective actions survive the “second stage” motion to decertify or, relatedly, an unofficial “third stage” when the trial court actually considers how the matter will be managed at...
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Employment Class Action Blog
Ninth Circuit Undermines Use of Time Studies in Disposing of Wage and Hour Claims in California
By Gregory V. Mersol
August 8, 2019
Two years ago, we blogged a pair of cases with similar fact patterns and outcomes involving the successful use of time studies (See our October 13, 2017 and October 16, 2017 blog posts). In both cases, shoe retailers required employees to...
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Employment Class Action Blog
The Fifth Circuit Agrees With Its Sister Circuits That Class Arbitrability Is a Gateway Issue for Courts, Not Arbitrators
By John B. Lewis
July 24, 2019
In a predictable decision, the Fifth Circuit has held that the availability of class arbitration is a gateway issue for the courts to decide, absent “clear and unmistakable” language in the arbitration agreement to the contrary. The...
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