Disfavour toward employer/employee nondisclosure agreements (NDAs) has been an increasingly popular sentiment expressed by state legislatures over the last few years, and 2022 has seen the trend continue.
Continue Reading States Continue Crack Down on Nondisclosure Agreements
A California appellate court recently upended a representative PAGA and class action settlement because the named plaintiff did not exhaust administrative remedies under PAGA because he failed to identify each separate theory of liability.
Continue Reading A Cautionary Tale for Employers Who Settle Dueling PAGA Claims
The Ninth Circuit Court of Appeals recently clarified that a named plaintiff gives up his or her right to represent a class if, in an individual settlement, he or she does not carve out from the settlement a concrete financial interest in the putative class action.
Continue Reading Can Voluntary Individual Settlements Moot Class Actions? Yes, Depending on the Facts, According to the Ninth Circuit
On May 13, 2019, in Outokumpo Stainless USA, LLC v. N.L.R.B., No. 17-15498 (11th Cir.), the Court of Appeals for the Eleventh Circuit enforced an NLRB order finding that stainless steel producer Outokumpo’s posting of a side letter along with a NLRB settlement notice “constituted non-compliance with the terms of the Settlement Agreement” and that “default judgment was thus proper under the plain terms to which the Company had previously agreed.”
Continue Reading Employer’s Posting of Side Letter Explaining NLRB Settlement Notice Breaches Settlement Agreement