Update on Wage and Hour Arbitration 2015: Arbitrating Wage & Hour Cases Given the Changing Legal Landscape and Guidance for Employers Considering Mandatory Arbitration Agreements with Class and Collective Action Waivers

January 29, 2015 5:05pm

Michele Fisher

Nichols Kaster PLLP

Mandana Massoumi

Manatt, Phelps & Phillips, LLP

Sarah Johnson
Senior Employment Counsel

  • The latest on the arbitrability of wage and hour claims
  • The legal landscape after Italian Colors, Oxford Health, Concepcion, Stolt-Nielson and D.R. Horton
  • When is there a benefit to arbitrating these cases?
  • Arbitration agreements: the ins and outs of implementing arbitration agreements; and advising clients on key provisions to insert/omit from arbitration agreements
  • Arguments being used against arbitration enforcement
  • What language is in these arbitration agreements as to collective and class actions?
  • Assessing the conflicting standards regarding the enforceability of class action waivers in arbitration agreements: How have the courts been most recently treating this issue?
  • Theories for limiting agreements to arbitrate and non-enforcement
  • Is a class action waiver in an employment application enforceable without having an actual arbitration agreement?
  • Practical considerations when arbitrating wage and hour cases
  • How to best proceed after defeating class certification when plaintiff’s counsel seeks to arbitrate multiple individual claims