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November 01, 2024
Wheeling & Appealing: The Latest Must-Know Appellate Action
One circuit court will hold an oral argument for the history books, with dizzying logistics and stakes surpassing almost anything on the U.S. Supreme Court's calendar. Other circuit showdowns will delve into the high court's latest opinions and flesh out fascinating feuds involving big beer brands and emerging theories of "administrative state" overreach. All that and more is making November a month of exceptional appellate intrigue.
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July 02, 2024
6 Major Rulings For Wage-Hour Attorneys So Far In 2024
In the first half of 2024, the U.S. Supreme Court decided a pair of cases addressing arbitration in wage and hour litigation, the Sixth Circuit weighed minimum wage for pizza delivery drivers and a New York decision created an appellate split on timely pay requirements. Here, Law360 recaps those rulings and four other major decisions so far this year.
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May 10, 2024
3 Cases Poised To Apply High Court's Arbitration Ruling
Cases that were in the judicial pipeline when the U.S. Supreme Court handed down a ruling on what workers qualify for a carveout from federal arbitration law are poised to be among the first that apply its holding. Here, Law360 discusses three cases that were frozen in anticipation of the high court's decision.
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May 02, 2024
How Wage Cases Are Changing Federal Arbitration
Over the past month, the scope of a federal exemption to arbitration has evolved as appellate courts have refined an important access point for workers to pursue their claims in court. Here, Law360 looks at several cases that have recently made waves in federal arbitration.
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April 18, 2024
Arbitration Issue Lingers After Justices' Wage Case Ruling
A U.S. Supreme Court ruling that a transportation worker arbitration carveout hinges on what workers do, not the industry in which they work, resolved one issue related to the exemption while avoiding others in delivery and ride-hail driver wage and hour litigation, attorneys said.
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April 15, 2024
Arbitration Carveout's Scope To Turn On Where Line Is Drawn
Following the U.S. Supreme Court's decision that a worker's job duties are key for determining whether someone is exempt from federal arbitration law, the fight will turn to where lower courts draw the line for how much transportation work is enough to get the carveout, attorneys told Law360.
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April 12, 2024
High Court Keeps Arbitration Exemption's Focus On Workers
The U.S. Supreme Court held Friday that distributors who delivered Tastykake, Wonder bread and other baked goods to retailers may qualify for an exemption from the Federal Arbitration Act that could let them keep their wage-and-hour suit in court.
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February 22, 2024
Eyes On State Arbitration As Justices Weigh Federal Carveout
As the U.S. Supreme Court considers whether an interstate transportation worker exemption to federal arbitration law depends on a worker’s industry, attorneys said employers could avoid the issue by rewriting arbitration agreements to focus instead on state arbitration laws. Here, Law360 explores the issue.
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February 20, 2024
Justices Question Reach Of Transportation Worker Carveout
The U.S. Supreme Court questioned Tuesday whether there is still a need for a federal arbitration exemption for interstate transportation workers or if the century-old carveout is an "anachronism," in a case dealing with whether the exemption applies to workers only in the transportation industry.
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February 16, 2024
Up Next At High Court: Deadlines, Delivery Drivers & Smog
The U.S. Supreme Court will be closed Monday for Presidents Day and will begin a short oral argument week on Tuesday, during which the justices will consider the deadlines for challenging a federal agency's action and bringing copyright infringement claims.