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Class Action Waivers: The Impact of Recent Supreme Court Decisions on Employment and Wage-Hour Cases


Product Code - LGA219
Speaker(s): Roland M. Juarez, Hunton & Williams LLP; Kurt A. Powell, Hunton & Williams LLP; Eric B. Kingsley, Kingsley & Kingsley
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The United States Supreme Court recently issued two game changing decisions involving arbitration agreements in the class action context. In American Express Co. v. Italian Colors Restaurant, the Court enforced a class action waiver in an arbitration agreement and shot down what many on the plaintiffs' side believed was their last hope for challenging class action waivers. In the second case, Oxford Health Plans LLC v. Sutter, the Court permitted a class action to proceed in the arbitration setting, highlighting the critical importance of properly drafting arbitration agreements.

The faculty presenting this program will explore the impact of these decisions on employment claims from both employer and employee perspectives, including wage-hour class actions, the interplay between these decisions and the NLRB's decision in D.R. Horton and how they may impact claims under the California Private Attorney General's Act.

Educational Objectives

• Learn about new Supreme Court cases involving the enforcement of class action waivers in arbitration agreements.
• Understand the impact of the new Supreme Court cases on California wage and hour class actions.
• Find out about the interplay between the new Supreme Court cases and the National Labor Relations Board’s decision related to class action waivers and the National Labor Relations Act.
• Discover practical drafting tips from the cases in regard to class action waivers in arbitration agreements from both employer and employee perspectives.

Who would benefit most from attending this program?

• In-house counsel who deal with class action litigation, arbitration agreements or programs, or employment agreements.
• HR professionals who work on arbitration policies and programs, including implementation of arbitration programs and employment agreements.
• In-house counsel or HR professionals who deal with union employees and manage litigation or arbitration programs.

Program Level: Intermediate

Credit Available: CLE. For additional information, please see the “CLE Credit” tab.

Roland M. Juarez, Hunton & Williams LLP; Kurt A. Powell, Hunton & Williams LLP; Eric B. Kingsley, Kingsley & Kingsley

Roland M. Juarez, Hunton & Williams LLP
Roland Juarez’ employment law practice is focused on complex employment litigation and problem solving. He has handled class, collective and other complex employment litigation as well as dockets of single plaintiff employment cases. His practice has included discrimination and harassment litigation, wage and hour litigation, noncompetition and trade secret cases, cases under Title III of the Americans with Disabilities Act, and union-related work including arbitrations and collective bargaining, employment agreements, and preventative counseling and training. Mr. Juarez serves as the co-head of Hunton & Williams' Unfair Competition and Information Protection Task Force. He formerly served as law clerk for Acting Justice Carol H. Arber, New York State Supreme Court.

Mr. Juarez earned a J.D. from Columbia University Law School and a B.A., with distinction, from the University of New Mexico. He is admitted to the Bars of California and Texas and to practice before the U.S. Courts of Appeals for the 5th, 9th and 11th Circuits; the U.S. District Courts for the Northern, Southern, Eastern and Central Districts of California and Texas; and the Northern District of Georgia.

Kurt A. Powell, Hunton & Williams LLP
Kurt Powell’s practice focuses on representing management in labor and employment law matters, including complex employment litigation, trade secret and non-compete litigation, union avoidance, collective bargaining, and preventive employee relations counseling. He has extensive experience in Sarbanes-Oxley whistleblower litigation in the financial services industry and defending collective and class actions and "mass" actions involving wage and hour claims, employment discrimination allegations, consumer discrimination, and ERISA claims. Mr. Powell serves as office managing partner for the Atlanta office of his firm.

Mr. Powell earned a J.D., cum laude, from Washington and Lee University School of Law and a B.A. in Political Science from the University of Iowa. He is admitted to the Georgia Bar and to practice before the United States District Courts for the Northern District of Georgia, Middle District of Georgia and Eastern District of Michigan; the United States Court of Appeals for the Second, Fifth, Sixth, Eighth, and Eleventh Circuits; the Georgia Superior, State and Magistrate Courts; the Georgia Court of Appeals and the Supreme Court of the State of Georgia.

Eric B. Kingsley, Kingsley & Kingsley
Mr. Kingsley concentrates his practice on wage and hour litigation and is currently handling several class actions regarding the failure to pay wages, including overtime and the denial of break or meal periods. He has litigated complex cases and authored several appellate briefs in both state and federal courts on behalf of his firm, including more than 100 class actions. He is also involved with pharmaceutical overtime litigation in federal court in California, New Jersey, New York, Delaware, Pennsylvania, and Connecticut, involving the failure to pay overtime to pharmaceutical sales representatives. Mr. Kingsley is a frequent speaker at employment law seminars and is a contributor to the Daily Journal on issues affecting the California legal community.

Mr. Kingsley earned a J.D. from Loyola Law School and a B.A. from the University of California, Santa Barbara. He is admitted to practice before California state courts; the U.S. District Courts for the Central, Eastern, Southern, and Northern Districts of California; and the U.S. Court of Appeals for the Ninth Circuit.

This program’s CLE-credit eligibility varies by state. Bloomberg BNA is an accredited provider in the states of New York*, California, Pennsylvania, Texas and Virginia, and most other jurisdictions grant CLE credit on a per-program basis. At this time, Bloomberg BNA does not apply directly to the states of Florida, Rhode Island, Montana and Hawaii although credit is usually available for attorneys who wish to apply individually. Additionally, the following states currently do not grant credit for Bloomberg BNA OnDemand programming: Arkansas, Ohio, Nebraska, and Delaware. All requests are subject to approval once the live webinar has taken place or the customer has viewed the OnDemand version. Please contact the Bloomberg BNA accreditations desk if you have specific questions that have not been addressed.

If you have further questions regarding a specific state or how to file for CLE credit, please contact Bloomberg BNA customer service at 800-372-1033 and ask to speak to the CLE Accreditation Coordinator.

Hardship Policy
For information regarding Bloomberg BNA’s Hardship Policy, please visit the Continuing Education Information page.

Questions
For more information about Mandatory or Minimum Continuing Legal Education (MCLE) requirements, visit the American Bar Association website at http://www.abanet.org/cle/mandatory.html.

*Bloomberg BNA is an accredited provider in New York for experienced attorneys only.