In October 2015, New York amended its equal pay law making it unlawful for an employer to prohibit employees from inquiring about, discussing, or disclosing their wages or the wages of other employees. N.Y. Lab. Law § 194(4). The law reflects the belief that if employees can openly discuss their wages (including knowledge regarding the
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United States Supreme Court Agrees to Review Class Action Waiver Cases
Posted in Uncategorized
Earlier today, the United States Supreme Court granted certiorari in National Labor Relations Board v. Murphy Oil USA, Case No. 16-307, Epic Systems Corp. v. Lewis, Case No. 16-285 and Ernst & Young LLP v. Morris, Case No. 16-300, consolidating them for argument. The three cases present the question whether class action…
Eighth Circuit Rejects D.R. Horton and Other Arguments, Upholds Class/Collective Action Waiver Contained in Arbitration Agreement
By Noel P. Tripp on
Posted in Class Actions
The issue of the enforceability of an employee’s agreement to arbitrate disputes with his or her employer on solely an individual basis and related waiver of the right to proceed in a representative capacity (i.e., class or collective action basis) continues to wend its way through to the higher courts. Ultimately, this issue…
Circuit Court Reiterates That State Wage and Hour Laws Need Not Mirror FLSA
By Noel P. Tripp on
Posted in Hours of Work
As discussed here, the FLSA contains a provision relating to the compensability of time spent donning and doffing uniforms, when the compensability of such time is addressed in a collective bargaining agreement. 29 U.S.C. § 203(o). However, even where a unionized employer through a collective bargaining agreement is not required to pay for such time, if…