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|Good News for Employers: Supreme Court Approves Class-Action Arbitration Waiver|
Hinshaw Culbertson LLP;
June 26, 2013, previously published on June 25, 2013In a significant victory for businesses and employers, the U.S. Supreme Court ruled on June 20, 2013, that a class-action waiver in an arbitration agreement is valid and enforceable under the Federal Arbitration Act (FAA) even if the costs of prosecuting the claim on an individual basis are...
|Class Action Waivers in Arbitration Agreements Are Enforceable Even in Cases Involving “Small Dollar” Claims|
Derek T. Teeter; Husch Blackwell LLP;
June 25, 2013, previously published on June 24, 2013Recently, the U.S. Supreme Court held that class action waivers contained in arbitration agreements are enforceable under the Federal Arbitration Act (FAA) even in cases involving “small dollar” claims that might otherwise not be prosecuted on an individual basis. In the court’s...
|U.S. Supreme Court Affirms Waiver of Right to Class Action in Favor of Bilateral Arbitration|
Edward P. Bonapfel, James B. Cash, Donald Houser, John D. Roesser, Louis A. Russo; Alston & Bird LLP;
June 24, 2013, previously published on June 21, 2013Yesterday, in American Express Co. et al. v. Italian Colors Restaurant et al., the U.S. Supreme Court issued another opinion in a long line of decisions championing the federal policy favoring arbitration. Simultaneously, the Court dealt a blow to litigants who would attempt to circumvent...
|Supreme Court Upholds Class-Action Waivers in Antitrust Action in American Express Co. v. Italian Colors Restaurant|
Drinker Biddle Reath LLP;
June 24, 2013, previously published on June 20, 2013The Supreme Court today announced its decision in American Express Co. v. Italian Colors Restaurant. In a 5-3 decision authored by Justice Scalia, it found that an arbitration agreement’s class action waiver is enforceable even though the cost of individually prosecuting the claim exceeds...
|Answers To Frequently Asked Questions Concerning California's Human Trafficking Notice Requirements|
Michelle Brauer Abidoye; Ford & Harrison LLP;
June 21, 2013, previously published on June 18, 2013In response to our June 6, 2013 Restaurant Industry Newsletter, we received several questions about whether California's human trafficking statute applies to all restaurants and drinking establishments. As a result, we are providing the following answers as a guide to help you determine whether you...
|Child Labor Restrictions Could Impact Summer Hiring|
Heath H. Edwards; Ford & Harrison LLP;
June 14, 2013, previously published on June 11, 2013Everyone remembers their first summer job in high school. It was not only your first taste of what it meant to work for a living, but also your first taste of having some extra spending money for the weekend. One of the most popular industries in which people look for summer jobs is the...
|Massachusetts Court Rules on Regulatory Violations and Chapter 93A|
Sugarman Rogers Barshak Cohen P.C.;
June 6, 2013, previously published on June 2013The Massachusetts Supreme Judicial Court has decided an important case on liability under the state’s consumer-protection statute, Chapter 93A. In Klairmont v. Gainsboro Restaurant, Inc., which involved the death of a college student after he fell down a flight of stairs at a bar, the court...
|Swimming Upstream - Americans with Disabilities Act (ADA) Requirements for Swimming Pools|
John E. Haller; Shumaker, Loop & Kendrick, LLP;
May 28, 2013, previously published on Spring 2013As of January 31, 2013, all existing pools located at “public accommodations” must meet ADA standards. This requires the installation of a fixed lift for the pool areas. This short article attempts to answer some of the frequently asked questions with regard to whether a pool is subject...
|Eleventh Circuit Finds Coverage For Legionnaires’ Disease|
George B. Hall; Phelps Dunbar LLP;
May 28, 2013, previously published on May 2013The U.S. Eleventh Circuit Court of Appeals has found that an insurer has a duty to defend and indemnify in an wrongful death action on behalf of an individual who contracted Legionnaires’ disease while a hotel guest because the bacteria that caused the disease was not a...
|DOL To Focus on "Tipping Policies" When Investigating Restaurant Practices|
Nathan Johnson; Constangy, Brooks & Smith, LLP;
May 27, 2013, previously published on May 22, 2013The Wage and Hour Division of the Department of Labor has identified a target for its enforcement initiatives - the restaurant industry. These initiatives specifically target how restaurants comply with the Fair Labor Standards Act, particularly with respect to tipping policies. Such initiatives...