Federal Employment Case Update: Pizza and Beer

JAMS ADR Blog by Chris Poole

Members of Certified Class Lack Standing to Challenge Class Arbitration Ban
Conners v. Gusano’s Chicago Style Pizzeria
United States Court of Appeals, Eighth Circuit

When Jacqueline Conners brought a class action lawsuit against her employer Gusano’s (alleging unlawful tip pooling practices), Gusano’s instituted an arbitration policy that required individual arbitration of any disputes. Conners filed a motion seeking to have the court declare the new policy invalid because it interfered with the right of class members to communicate with other potential class members. The trial court found this persuasive and granted the motion. Gusano’s appealed.

The United States Court of Appeals for the Eighth Circuit vacated the lower court’s order, finding that Conners and the other members of the class lacked standing to contest a work requirement that did not apply to them. The Court wrote that “the former employees cannot gain standing here by defending the rights of current employees, not yet joined in the action.”

                        author

Richard Birke

Richard Birke is a JAMS consultant and has taught dispute resolution for more than 20 years. He is a law school professor and director of the Center for Dispute Resolution at Willamette. Under his leadership, CDR has enjoyed more than a decade of high national rankings in the US and is… MORE >

Featured Mediators

ad
View all

Read these next

Category

The Case for Dispute Resolution Clauses in Contracts

I am fortunate enough to have some great clients. They do their jobs well, they run their businesses and organizations well. They do right by their employees. They go the...

By Michael A. Zeytoonian
Category

Scotland Can Provide Secure Forum for Global Disputes

Originally published in The Scotsman, September 18, 2013.This is a difficult time for the world as we face serious tensions in the Middle East. This article was written to celebrate...

By John Sturrock
Category

The Power of Mediation

Wednesday, 14 May 2008 - Former UK Foreign Secretary Douglas - now Lord - Hurd on the power of mediation in political and diplomatic conflicts. . . .

By Geoff Sharp

Find a Mediator

X
X
X