Seyfarth Synopsis: At 852 pages, Seyfarth’s 15th Annual Workplace Class Action Litigation Report analyzes 1,453 rulings and is our most comprehensive Report ever.
Click here to access the microsite featuring all the Report highlights. You can read about the five major trends of the past year, order your copy of the eBook, and download Chapters
Continue Reading Seyfarth’s 2019 Workplace Class Action Litigation Report Is Now Available!
By Gerald L. Maatman, Jr. and Michael L. DeMarino
Seyfarth Synopsis: In the midst of a legal landscape that is seemingly pro-arbitration, employers should recognize that employees still have a few strategies to oppose arbitration or invalidate an arbitration agreement. The recent ruling of the U.S. District Court for the Northern District of California in Buchanan, et. al. v.
Continue Reading Court Rejects Individual Pattern and Practice Claim and Enforces Arbitration Agreement in Discrimination Case
On June 21, 2018, XpertHR featured Gerald (Jerry) L. Maatman, Jr. of Seyfarth Shaw LLP as a special guest commentator on its popular podcast series for human resources professionals. In this episode, Jerry provides a comprehensive overview of the Supreme Court’s landmark ruling in Lewis v. Epic Systems Corp., and the decision’s implications for employers.
In a closely contested 5-4
Continue Reading Gerald Maatman Featured As Guest Commentator On XpertHR’s Podcast Series
Seyfarth Synopsis: This year we were lucky enough to have Perry Cooper, Senior Legal Editor of Bloomberg BNA, as our special guest at Seyfarth Shaw’s “Top Trends In Workplace Class Action Litigation” event. Perry provided our over 1,000 in-person and webcast attendees with an overview of major Supreme Court class action decisions, as well as led the discussion on other
Continue Reading Bloomberg BNA’s Perry Cooper Presents On The “Top Trends In Workplace Class Action Litigation”
By Gerald L. Maatman, Jr. and Michael L. DeMarino
Seyfarth Synopsis: After thirty-three former employees who signed release agreements requiring individual arbitration of ADEA claims collectively sued their employer for age discrimination, the employer moved to compel individual arbitration. The District Court denied the company’s motion. The U.S. Court of Appeals for the Eighth Circuit reversed because it
Continue Reading Eighth Circuit Decides That Arbitration Agreements Cover ADEA Collective Actions
Seyfarth Synopsis: Governmental enforcement litigation was a mixed bag in 2016. The U.S. Department of Labor (“DOL”) and the Equal Employment Opportunity Commission (“EEOC”) continued their aggressive enforcement programs, but their effectiveness was down “by the numbers” as compared to previous years. What does this mean for 2017? In the 6th and final installment in our series of blog postings
Continue Reading What 2016 Governmental Enforcement Litigation Trends Suggest For Employers In 2017
On December 23, 2014, in Ruiz v. Moss Brothers Auto Group, Inc., 2014 Cal. App. LEXIS 1176 (Cal. App. Ct. 4th Dist. Dec. 23, 2014), the California Appellate Court joined a number of other state and federal courts in holding that employers need to provide strict proof that electronically signed employment arbitration agreements were, in fact, signed
Continue Reading Are Usernames And Passwords Enough To Prove Electronic Signatures On Employment Arbitration Agreements Are Valid? According To A Recent California Appellate Court Decision, The Answer Is “No.”
By Caroline A. Keller and Gerald L. Maatman, Jr.
Class action plaintiffs’ lawyers and their allies generally do not like arbitration, especially where the arbitration agreements effectuate a waiver of the ability of a worker or a consumer to bring a class action. Advocates for workers and consumers have attacked arbitration agreements through various avenues in the courts and in
Continue Reading The Franken Amendment Part II: New York Assembly Passes Legislation Limiting State Contractors’ Right To Require Employees To Arbitrate Employment Claims
By David Baffa, John Collins, and Gerald L. Maatman, Jr.
Recently, Wolters Kluwer Law & Business published our article “Guidance for Employers Considering Mandatory Arbitration Agreements with Class and Collective Action Waivers” in its Employee Relations Law Journal, Vol. 39, No. 3 Winter 2013.
In the article, we discuss how the Supreme Court’s rulings in American Express
Continue Reading Considering Mandatory Arbitration Agreements With Class And Collective Action Waivers? Here’s A Primer
By Rebecca Bjork and Gerald L. Maatman, Jr.
It is often good strategy to try and get rid of a class or collective action case early on, preferably at the pleadings stage. This is so because discovery and class certification can be a very complicated and lengthy process, one that any defendant who has a large workforce knows will involve
By 