When a company faces a Fair Labor Standards Act (FLSA) collective action there are two main components to address: (1) whether it will be a collective action or class action versus an individual action and (2) a trial of the merits on whether the FLSA was actually violated. One federal district court decided No. 2
Class Action
Don’t Run Prints: Illinois’s Biometric Privacy Law Used Against Employers
By Keith S. Anderson & Anne R. Yuengert on
Does your company use fingerprinting or some facial recognition scanner as part of its clock-in, clock-out process? If your company has facilities or even some contacts with Illinois (and maybe other states in the future) you should pay heed to Illinois’s Biometric Information Privacy Act (BIPA) that is the subject of a new class action…
Does This Arbitration Agreement Make Me Look Sexist? The Moving Target of Using Arbitration Clauses
By Christina M. Seanor on
The Supreme Court Says Yes to Arbitration and Class Action Waivers
With its 5-4 ruling in Epic Systems Corp. v. Lewis, the Supreme Court delivered a seemingly big win for employers. The Supreme Court held that employees’ waiver of their rights to bring collective or class actions, as a term of an arbitration agreement,…