Eleventh Circuit Outlines the Key to an Individual Arbitration Agreement 

Signing a document

  From JDSupra,  Gretchen Jewell discusses a recent case in which the 11th Circuit Court of Appeals upheld an arbitration agreement.  Gretchen writes:   The Eleventh Circuit recently upheld an arbitration agreement in a consumer class action involving checking overdraft fees. In Johnson v. KeyBank N.A., 11th Cir. No. 15-10779 (Sept. 26, 2017), the plaintiffs brought a putative…

Why the Supreme Court’s “Big” Case on Class Action Waivers May Have Little Impact on Some Companies Including Those Using Independent Contractors 

arbitration definition

  From JDSupra, Richard Reibstein discusses the Supreme Court’s taking a look at whether class action waivers in arbitration agreements violate the NLRA and argues that an arbitration with a class action waiver may be enforceable anyway if it provides an opt-out clause that allows the worker to opt out of arbitration within a specified period…

NLRB About-Face Highlights Lack of Reasoning on the Class Action “Right” It Seeks to Assert

United States Supreme Court

  From JDSupra, David Baffa, Noah Finkel, and Andrew Scroggins discuss the NLRB’s position in the case before the Supreme Court. They write: In the most dramatic moment of the morning, the NLRB’s General Counsel Richard Griffin made a significant admission.[1] In response to a series of questions by a skeptical Chief Justice Roberts, Griffin to agree that…

Safe Harbor Designation for Independent Professionals Good for the US 

harbor

  From the Staffing Stream, Gene Zaino discusses the value and importance of creating a safe harbor for independent professionals and MBO’s terrific recommendation for a Certified Self-Employed (CSE).  Gene write: MBO Partners has developed a working model for this safe harbor, dubbed Certified Self-Employed (CSE). The goal of such a designation is twofold: first, to remove roadblocks impeding the…

California Labor Compliance Lawsuit Expected to Settle for $2.75 Million

California

  From California Labor News, Gordon Gibb reports on a settlement of claims alleging workers were misclassified as independent contractors.  Gordon writes: AT&T has been battling a compliance lawsuit for some time, defending itself against plaintiffs in a nationwide FLSA collective alleging AT&T misclassified them as independent contractors and thus, stiffed them out of overtime. The slight is deemed…