An in-depth article ran on March 12, 2018 in Capital & Main describing the on-going battle between 24 Hour Fitness and its employees. At the center of these disputes is the company’s employee arbitration agreements that the National Labor Relations Board contends violate federal labor law. The first cases were […]
One of the hot topics on the legal landscape is Arbitration. Arbitration is a specific method of settling disputes that is outside of the court system. It relies on an unbiased third party to resolve disputes away from the courts. That means the decision maker is neither a currently sitting […]
The California Supreme Court issued its long awaited ruling today in Iskanian v. CLS Transportation holding its prior ruling in Gentry v. Superior Court (2007) 42 Cal.4th 443 (Gentry) has been abrogated by recent United States Supreme Court precedent and that class action waivers in employment arbitration agreements are valid […]
Employment cases routinely proceed as class actions. Plaintiffs and their attorneys seek to represent large numbers of employees to correct common legal wrongs and to obtain common fund damages. Employers and their counsel reflexively contest class certification or seek to decertify class action cases after certification is granted. But decertification […]
A federal district court in the state of Washington has ruled that 24 Hour Fitness’ petitions to compel arbitration failed to properly plead jurisdiction and therefore are insufficient and must be amended. The court, on its own motion, reviewed the petitions filed in the Western District of Washington and found that 24 Hour had not properly pleaded jurisdiction. After the court heard from 24 Hour Fitness in response to an Order to Show Cause, the court found the response was inadequate and ordered the petitions to be amended. The case is 24 Hour Fitness USA, Inc. v. Gorden, C11-2039RSM (W.D. Wash. 2012). A copy of the ruling is available here __________.
On January 25, 2012 the 5th Circuit Court of Appeals published its opinion in Carey v. 24 Hour Fitness (5th Cir. No. 10-20845). The court held that 24 Hour Fitness’s 2005 Arbitration Agreement is illusory and unenforceable. Carey, a former 24 Hour Fitness employee, argued that the arbitration agreement was […]
A recent article in Law360 provides an current overview of the 24 Hour Fitness overtime case. Almost 1,000 current and former employees of the company have brought overtime claims against 24 Hour Fitness. In the latest turn of events, the case is proceeding to arbitration and the parties are litigating […]
Almost 1,000 former employees of 24 Hour Fitness continue to pursue their former employer for unpaid overtime. A 2011 ruling decertified the collective action filed in California, and the case is now headed into arbitration where each of the 983 claims will be adjudicated by an arbitrator.