White Paper

Should Joint Employment and Wage and Hour Disputes Be Arbitrated?

 

Courts are being called upon to resolve tricky issues regarding arbitration in wage and hour disputes and joint employment.

A recent decision to a 6-year-old case delved into arbitration in wage and hour disputes and join employment. Courts within the Ninth Circuit decide joint employment issues by application of the economic realities test, which reviews the entire circumstances to determine how the defendant may have acted like an employer. We should expect more cases resolving disputes regarding the scope of ­arbitration clauses in labor disputes until the issues of joint employment are resolved by ­legislation.

Agenda

Faculty

Craig R. Tractenberg

Craig R. Tractenberg

Fox Rothschild LLP

  • Partner in the New York and Philadelphia offices of Fox Rothschild LLP
  • Practice emphasizes all franchise development and restructuring activities and building franchise companies
  • Monthly columnist to a national legal newspaper on franchise topics
  • Adjunct law professor of franchise law at Temple University School of Law (his alma mater)
  • Author of several chapters of books on franchising and a frequent lecturer on franchise topics
  • J.D. degree, Temple University James E. Beasley School of Law; B.A. degree, cum laude, La Salle University
  • Can be contacted at [email protected]

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