Quilloin v. Tenet Healthsystem Philadelphia, Inc., et al., 2012 WL 833742 (3d Cir. Mar. 14, 2012): In a precedential opinion, the Third Circuit held that an arbitration provision contained in an employment agreement signed by the plaintiff upon hiring was enforceable and compelled the plaintiff, who filed a class action under the Fair Labor Standards Act over automatic meal break deductions, to submit her claims to arbitration. The Third Circuit found that any ambiguity in the arbitration agreement regarding award of attorneys’ fees and whether the arbitration agreement contained an implied class action waiver were questions for the arbitrator and did not render the arbitration agreement unconscionable. The Third Circuit also held that time limitations set forth in an arbitration agreement to follow several internal steps and procedures before submitting a claim to arbitration were not substantively unconscionable. Finally, the Third Circuit held that the arbitration clause in the employment contract was not rendered procedurally unconscionable based on the parties’ allegedly unequal bargaining positions.
On June 21, 2018, the Supreme Court of the United States held in Lucia v. Securities and Exchange Commission that the former practice of the Securities and Exchange Commission (SEC) of having its staff employees appoint administrative law judges (ALJs) violated the Appointments Clause of the U.S. Constitution.
On June 12, 2015, a new amendment to the Federal Labor Law (FLL) was published in the Official Gazette, increasing the minimum age for employment from 14- to 15-years-old.
On June 22, 2016, in Labnet, Inc. v. U.S. Department of Labor, the U.S. District Court for the District of Minnesota issued the first decision arising out of three separate lawsuits seeking preliminary injunctions blocking the DOL from implementing its revised “persuader activity” rule. The court found that the rule’s challengers had a substantial likelihood of success on the merits of their claim but declined to enter a preliminary injunction at such an early stage of litigation.