Labor & Employment Law

New ADR blog: "Indisputably"

Posted on October 10, 2007
Roll out the red carpet for the newest ADR blog on the block: Indisputably. Brought to you by four law professors: Andrea Schneider - Marquette Nancy Welsh - Penn State Michael Moffitt - Oregon Sarah Rudolph Cole - Ohio State Schneider Welsh Moffitt Cole Here's a sample of what they're up to: Fraud in Mediated Settlement Agreements Credit Card Companies and Arbitration Contingent fees for non-binding arbitrators? Are Defense Attorneys Shrewd or Overwhelmed?

Attacking arbitration of credit card disputes

Posted on September 27, 2007
Public Citizen has launched a huge attack against the use of arbitration to resolve disputes between credit card companies and consumers. The Arbitration Trap: How Credit Card Companies Ensnare Consumers (77 page report from Public Citizen) Mandatory Arbitration Enables Credit Card Companies To Trap Consumers (press release from Public Citizen) Bogus Attack on Arbitration Really about Plaintiffs? Lawyers? Right to Sue (press release from Institute for Legal Reform, an affiliate of the U...

Gentry - Opt-out clause is not a safe harbor for unconscionability

Posted on August 30, 2007
Giving an employee a 30 day period in which to opt out of an arbitration agreement will not automatically insulate an arbitration agreement from unconscionability analysis. Gentry v. Superior Court [Circuit City] (California 08/30/2007) (4-3) Gentry brought a class action suit claiming that the employer had misclassified salaried customer service managers as exempt from the overtime provisions of the California Labor Code...

Gentry - New attack on class action waivers

Posted on August 30, 2007
Shifting away from "unconscionability" doctrine, the California Supreme Court relied on "public policy" to say that some class arbitration waivers will be illegal. Gentry v. Superior Court [Circuit City] (California 08/30/2007) (4-3) Gentry brought a class action suit claiming that the employer had misclassified salaried customer service managers as exempt from the overtime provisions of the California Labor Code...

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NASD arbitrators botched attorney fee award

Posted on August 10, 2007
A prevailing plaintiff is entitled to statutory attorney fees in an ADEA case, but NASD arbitrators acted "in manifest disregard of law" by capping the fee award by the amount agreed to in the attorney-client fee agreement. Bernhard Porzig claimed his employer discharged him in violation of the Age Discrimination in Employment Act (ADEA), and his claim went to arbitration by a National Association of Security Dealers (NASD) arbitration panel...

Continental v. ALPA - taking sides

Posted on June 01, 2007
I often get calls from reporters about cases, and am happy to help them out. The normal risk is that I'll get misquoted, and I can live with that. Yesterday's article in the Houston Chronicle, "Continental sues union over pilot who drank," was a big surprise because the reporter said I was taking sides with the airline...

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