Settling Rule 23 opt-out class actions is straightforward: the agreed-upon settlement is presented to the court for preliminary approval of a Rule 23(e) settlement class and — if the settlement is not approved — the
Continue Reading Innovations In Settling Wage Hour Class/Collective Actions
Taking Control of Class Actions From the Beginning
Growing up a Yankee fan, I hated Wade Boggs, the third baseman for the Boston Red Sox. (Never mind for the moment that Boggs later played for the Yankees.) Boggs controlled the tone of the
Continue Reading Taking Control of Class Actions From the Beginning
Antitrust Class Actions Against Employers: A Silicon Valley Special?
One substitute for non-competes with employees is a no-hire agreement with competing employers. As the continuing litigation toll in the Silicon Valley illustrates, that option is illusory:
• the most recent class action accuses Dreamworks
Continue Reading Antitrust Class Actions Against Employers: A Silicon Valley Special?
Does YOUR Website Have to be Accessible Under the Americans with Disabilities Act?
Is the internet a place of public accommodation: a virtual town hall or a virtual shopping mall or a virtual movie theater? Courts still struggle with that.
Physicalist courts say that the ADA requires a
Continue Reading Does YOUR Website Have to be Accessible Under the Americans with Disabilities Act?
“No Hire” Agreements: Unlawful Collusion or Necessary Self-Protection?
Recent headlines from the Silicon Valley suggest that “no-hire” agreements are illegal, immoral, and unsustainable. But, those headlines address blanket restrictions negotiated between competitors. Targeted restrictions between supplier company and customer company are entirely different.
Continue Reading “No Hire” Agreements: Unlawful Collusion or Necessary Self-Protection?
The Goldilocks Paradigm In RIF Releases
Obtaining an effective waiver of claims in the context of a reduction in force, an exit incentive, or other termination program is tricky. The Older Workers Benefit Protection Act (OWBPA) has numerous requirements that must
Continue Reading The Goldilocks Paradigm In RIF Releases
Truthiness Test: “offers of judgment will stop FLSA collective actions?”
Chico Marx once said that he would like the west better if it were in the east. That is a line for employers to ponder in the wake of the Supreme Court’s decision in Genesis
Continue Reading Truthiness Test: “offers of judgment will stop FLSA collective actions?”