Puleo v. Chase Bank USA, N.A., 2010 WL 1838762 (3d Cir., May 10, 2010) – In this case, the Third Circuit Court of Appeals held that the court, rather than an arbitrator, must decide the validity of a class action waiver contained in an arbitration agreement. This decision is consistent with Muhammad v. Cty. Bank of Rehoboth Beach, Delaware, 189 N.J. 1 (2006), in which the New Jersey Supreme Court likewise concluded that it is for the court, rather than the arbitrator, to decide whether a class action waiver is valid. Although these cases are not employment cases, their holdings apply in the employment context as well.
Contractors often prepare internal investigative reports concerning situations that could lead to future litigation. Like most other internal business records, internal reports are discoverable in litigation. Once disclosed externally, an internal report can be damaging to the contractor’s position if its contents are sensitive, confidential, and/or express opinions regarding fault with respect to a contested issue or occurrence.
Five new lawsuits were recently filed against hotels under the recently-effective pool lift regulation. Four of the lawsuits were filed on June 14 in federal court in Minneapolis and a fifth in federal court in Houston against national hotel chains. All five of the lawsuits were brought by the same…..
In July 2019, the U.S. Department of Labor’s Wage and Hour Division (WHD) issued Opinion Letter FLSA2019-8 addressing whether paralegals are exempt from minimum wage and overtime requirements under Section 13(a)(1) of the Fair Labor Standards Act (FLSA).