NEXT

Samuel Estreicher

Samuel Estreicher

December 23, 2013 | New York Law Journal

Rising Litigation Over Unpaid Interns

Samuel Estreicher, the Dwight D. Opperman Professor of Law at New York University School of Law and of counsel to Schulte Roth & Zabel, and Mark E. Brossman, a partner at Schulte Roth, write: In view of the recent rise in litigation related to whether interns must be paid at least a minimum wage to comply with the wage-hour laws, employers are beginning to reconsider their commitment to internship programs.

By Samuel Estreicher and Mark E. Brossman

10 minute read

November 08, 2013 | New York Law Journal

Arbitration Agreements Waiving FLSA Collective Actions

In their Arbitration column, Samuel Estreicher, a professor at New York University School of Law and of counsel to Schulte Roth & Zabel, and Holly H. Weiss, a partner at Schulte Roth, write: The Second Circuit has extended the Supreme Court's pro-arbitration jurisprudence to the labor and employment context through 'Parisi,' 'Sutherland,' and 'Raniere.' Employers and employees can expect courts in this circuit routinely to uphold arbitration agreements that, while they preclude class or collective actions, authorize the arbitrator to apply statutory law and statutory remedies for any violation and do not impose high arbitral forum or arbitrator fees.

By Samuel Estreicher and Holly H. Weiss

11 minute read

January 07, 2013 | National Law Journal

'Right to work' is a misnomer

These laws actually provide the 'right to free ride' — depriving unions of a justifiable funding mechanism.

By Samuel Estreicher

3 minute read

May 31, 2001 | Law.com

Pre-Dispute Employment Arbitration Agreements: Who Pays?

The U.S. Supreme Court's rulings in Circuit City v. Adamsand Gilmer v. Interstate/Johnson Lane Corp.have removed any doubt as to the enforceability of most pre-dispute arbitration agreements entered into as a condition of employment, even where statutory claims are involved. The question of who should pay the costs of arbitration, however, remains undecided.

By Samuel Estreicher and Kenneth J. Turnbull

13 minute read

July 19, 2001 | Law.com

Paying the Costs of Arbitration

The U.S. Supreme Court's rulings in Circuit City v. Adams, and Gilmer v. Interstate/Johnson Lane Corp., have removed any doubt as to the enforceability of most pre-dispute arbitration agreements entered into as a condition of employment, even where statutory claims are involved. The question of who should pay the costs of the arbitration, however, remains undecided.

By Samuel Estreicher and Kenneth J. Turnbull

11 minute read

July 30, 2007 | National Law Journal

Law Students Take On the High Court

Jones Day and NYU's law school are giving students the chance to work on pro bono cases that could reach the Supreme Court.

By Donald Ayer, Samuel Estreicher, and Meir Feder

6 minute read

February 02, 2012 | New York Law Journal

NLRB Reaches Into Employment Law to Invalidate Class Action Waivers

Samuel Estreicher, the Dwight D. Opperman Professor at New York University School of Law and of counsel to Jones Day, and Kristina Yost, an associate at the firm, write that in an unprecedented, sweeping ruling affecting both unionized and nonunion employers alike, the NLRB held that an arbitration agreement that contains a class and collective action waiver clause violates the National Labor Relations Act.

By Samuel Estreicher and Kristina A. Yost

9 minute read

February 29, 2012 | New York Law Journal

Effect of Statutory 'Right to Sue' Language on Arbitration Clauses

In their Arbitration column, Samuel Estreicher, Dwight D. Opperman Professor at New York University School of Law, and Steven C. Bennett, a partner at Jones Day, discuss the U.S. Supreme Court's recent decision in 'CompuCredit Corp. v. Greenwood' that continues the trend in the Court's jurisprudence upholding arbitration agreements under the FAA against various statutory and other challenges.

By Samuel Estreicher and Steven C. Bennett

9 minute read

July 03, 2013 | New York Law Journal

Supreme Court Limits Exception to Enforcing Arbitration Agreements

In their Arbitration column, Samuel Estreicher, of counsel to Paul Hastings, and Zachary Fasman, a partner at the firm, write that the U.S. Supreme Court has ruled that the Federal Arbitration Act does not permit courts to invalidate arbitration agreements requiring individual arbitration on the ground that plaintiffs lack the economic incentive to pursue claims individually.

By Samuel Estreicher and Zachary Fasman

10 minute read

June 13, 2012 | New York Law Journal

Overturning Obamacare Would Be a Constitutional Blunder

Samuel Estreicher, Dwight D. Opperman Professor of Law and co-director of the Opperman Institute of Judicial Administration at New York University, writes: Respect for Congress, which after all is the principal policymaking branch in our system, requires confronting the issues voiced by the skeptical Justices when they arise, rather than judging this law against hypothetical statutes that are highly unlikely ever to be considered seriously let alone become law.

By Samuel Estreicher

4 minute read