Labor Days

News and analysis from Kelley Drye’s labor and employment practice

Ninth Circuit Invalidates Class Waiver in Arbitration Agreement

In a ruling that widens the divide between federal appellate courts, the Ninth Circuit sided today with the Seventh Circuit and the National Labor Relations Board (“NLRB”) in holding that the class action waiver…

What the Seventh Circuit’s Recent Title VII Ruling Means for Sexual Orientation Discrimination in the Workplace

On July 28, 2015, the United States Court of Appeals for the Seventh Circuit (“Seventh Circuit”) ruled that Title VII does not protect against sexual orientation discrimination. See, Hively v. Ivy Tech Cmty. Coll.,…

What You Need to Know About Recent Amendments to Illinois’s Equal Pay Act

As of January 1, 2016, Illinois’s Equal Pay Act (the “Act”) expanded to prohibit all employers, regardless of size, from paying unequal wages to men and women for doing the same or substantially similar work, except if…

Sandquist v. Lebo Automotive, Inc.: California's Cautionary Tale About the Importance of Drafting Arbitration Agreements with Precision

Ambiguities in employee arbitration agreements may force employers to litigate putative class action claims in arbitration. The California Supreme Court delivered this cautionary message by its recent holding in…

A Conflicted 7th Circuit Holds Title VII Does Not Cover Sexual Orientation Discrimination

In a precedent-setting decision, the U.S. Court of Appeals for the Seventh Circuit ruled on July 28 th that Title VII does not protect against sexual orientation discrimination. The case is Kimberly Hively v. Ivy Tech…