Have you (or others at your company) considered using mandatory arbitration agreements with your employees? The idea is to require an employee who ends up in an employment dispute to handle that dispute before an arbitrator, rather than by filing a lawsuit. But are these agreements valid and enforceable? A recent decision by the Eleventh Circuit Court of Appeals (which handles cases from all federal courts in Georgia, Alabama and Florida) has a lot to say about the overall effectiveness and enforceability of mandatory arbitration agreements.
Continue Reading Important Court Ruling: Employee Waivers of “Collective Action” Right Are Enforceable
Sued for Unpaid Overtime by Someone Who Never Worked?!?
Sometimes employment lawsuits are so “funny” they almost literally make steam come out of your ears. In one recent case, the “employee’s” claim for unpaid overtime was particularly infuriating because she never worked for her alleged employer.
The Tampa Bay Times ran an article yesterday about a business in Pinellas Park, Florida that was sued for alleged unpaid overtime by two former employees. The business owner didn’t believe he owed anyone any overtime or that he had violated the FLSA, so he hired an attorney to fight the lawsuit. He was upset about having to spend money to defend himself, but he was even more concerned because he had never heard of one of the two plaintiffs suing him, even though he knew all of his current and former employees.
Continue Reading Sued for Unpaid Overtime by Someone Who Never Worked?!?
Are Your Unpaid Interns Going To Rebel?
A few years ago, the New York Times ran an article about investigations into the legality of unpaid internships at for-profit businesses, explaining that such investigations were being conducted by the U.S. Department of Labor, as well as by the labor departments of several states, including California, Oregon, and New York.
At that time, many practitioners expected that there would be a tidal wave of class action lawsuits brought by former unpaid interns but, surprisingly, that wave did not come…until now.
Continue Reading Are Your Unpaid Interns Going To Rebel?