On August 22, 2016, the U.S. Court of Appeals for the Ninth Circuit joined the Seventh Circuit in finding that an employer violates the National Labor Relations Act (“NLRA”) by requiring employees to sign an agreement including a class arbitration waiver.
In Morris v. Ernst & Young, plaintiffs were required to sign “concerted action
On March 22, 2016, in a 6-2 decision, the US Supreme Court greenlighted the use of representative evidence in the federal wage and hour class case of Tyson Foods, Inc. v. Bouaphakeo, No. 14-1146. The Court approved the use of statistical averaging of employee donning and doffing time in connection with Fair Labor Standards Act (FLSA) class certification. The opinion discusses several limiting factors that employers will no doubt argue constrains its applicability, especially outside the FLSA context.
This post was contributed by Shannon Robinson, Associate, Norton Rose Canada LLP and Matthew Demeo, Articling Student, Norton Rose Canada LLP (Ottawa)
Last month, the Divisional Court of the Ontario Superior Court of Justice (Divisional Court) upheld a decision that refused to certify class proceedings for unpaid overtime against the Canadian Imperial