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Employment documents treated as one agreement to apply forum selection clause, remand to state court

January 11th, 2019

By Lorene D. Park, J.D.
Affirming the grant of an employer’s motion to remand its breach of contract suit to state court, the Eighth Circuit held that a job offer letter, employee agreement, and repayment agreement that were executed contemporaneously during the formation of the employment relationship were part of the same contract under Minnesota law. [Read more...]

‘Wholly groundless’ exception to arbitrability tossed as inconsistent with FAA, precedent

January 10th, 2019

The “wholly groundless” exception to arbitrability, which certain federal appellate courts have ruled permits a court to decide the threshold question of arbitrability when the question was wholly groundless—even though the governing arbitration rules delegated arbitrability questions to the arbitrator—has been overruled by the U.S. Supreme Court. The dispute involved antitrust claims brought by one [Read more...]

Seyfarth’s Workplace Class Action Litigation Report shows 5-year low in settlement values

January 10th, 2019

Employment litigation garnered “unprecedented attention” in 2018, according to Seyfarth Shaw’s 15th annual edition of the Workplace Class Action Litigation Report. Among other things, settlement values reached a five-year low, the report found. In its largest edition so far, Seyfarth analyzed a record number of 1,453 class action rulings on a circuit-by-circuit and state-by-state basis [Read more...]

Proposed $1.3M settlement of FLSA claims by 5200 Uber drivers approved

January 9th, 2019

By Nicole D. Prysby, J.D.
A federal district court in North Carolina has approved a proposed settlement agreement in a collective action involving FLSA claims made by 5,200 Uber drivers who alleged they were misclassified as independent contractors. The proposed agreement has a maximum gross settlement amount of $1,304,250, of which 56.3 percent will go to [Read more...]

Employer sent intoxicated employee home early, but not liable for death caused by his DUI

January 9th, 2019

By Lorene D. Park, J.D.
Though a plaintiff alleged that LA Fitness should have known its employee had a drug problem and had a habit of driving under the influence, so should be liable for the death of her husband, who was struck by the employee’s vehicle shortly after he was sent home early due to [Read more...]