Second Circuit Reluctantly Maintains Status Quo On Class Waiver Provisions, but Hints at Future Change in Law

By | Labor Relations Law Insider | September 12, 2016

On September 2, the Second Circuit Court of Appeals issued its decision in Patterson v. Raymour’s Furniture Co., the most recent case in what has become an all-out war between employers and the NLRB over the use of class-waiver provisions in arbitration agreements.

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Ninth Circuit Invalidates Arbitration Agreement with Class Action Waiver – Five Points California Employers Should Understand

Ninth Circuit Invalidates Arbitration Agreement with Class Action Waiver – Five Points California Employers Should Understand

Recently, the Ninth Circuit Court of Appeals issued an opinion in Morris v. Ernst & Young holding that class action waiver in an arbitration agreement were unenforceable because the class action waiver was contrary to the rights provided to employees under the National Labor Relations Act. 

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California Supreme Court Approves Attorney Fee Awards Calculated Based Upon Percentage of Class Action Common Fund

In Laffitte v. Robert Half International Inc., No. S222996 (Aug. 11, 2016), the California Supreme Court held, in an employment class action lawsuit, that when attorney fees are awarded to class counsel from a common fund, that the award is not per se unreasonable because it is calculated as a percentage of the common fund, as opposed to pursuant to a loadstar calculation.

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