This week, we take a look at an opinion examining whether the
Department of Labor can be held to workers' arbitration
agreements, and a decision considering whether courts have
jurisdiction to issue declaratory judgments relating to tax
withholding in real estate transactions with foreign entities.
WALSH v. ARIZONA LOGISTICS,
INC.
The Court holds that the Department of Labor cannot be held to
the arbitration agreements agreed to by the workers it
protects.
Panel: Judges W. Fletcher, Miller, and
Hunsaker, with Judge Hunsaker writing the opinion for the
Court.
Key Highlight: "Although the
Secretary, unlike the EEOC, may not recover punitive damages under
Section 16(c), the Secretary may still have interests independent
of the aggrieved employee when seeking employee-specific relief,
including deterring other employers from violating the FLSA and
protecting complying employers from unfair wage competition with
noncomplying employers. Simply put, recovering
