John Lewis on Section 7

Supreme Court Upholds Legality of Class Action Waivers in Arbitration Agreements in the Employment Context

The controversy surrounding the validity of employment arbitration agreements with class action waivers has been simmering at least since 2012. Now, with the Supreme Court’s decision in Epic Systems Corp. v. Lewis, we have an...more

5/22/2018 / Arbitration , Arbitration Agreements , Class Action Arbitration Waivers , Epic Systems Corp v Lewis , Federal Arbitration Act , NLRA , NLRB , Section 7

Convergys Corporation and LogistiCare Solutions, Incorporated v. NLRB – The Fifth Circuit Considers Class and Collective Action...

The U.S. Court of Appeals for the Fifth Circuit decided two cases considering the impact of the National Labor Relations Act (NLRA) on class or collective action waivers required by companies for their applicants and...more

8/16/2017 / Arbitration , Arbitration Agreements , Class Action , Class Action Arbitration Waivers , Collective Actions , Federal Arbitration Act , Murphy Oil USA , NLRA , NLRB , Section 7

Digging In Its Heels: Disputing The DOJ’s Position, The NLRB Remains Defiant In Supreme Court Brief That Individual Arbitration...

On August 9 the National Labor Relations Board (NLRB or Board) filed its responsive brief in one of three cases before the Supreme Court that may determine the future validity of individual arbitration agreements in the...more

8/11/2017 / Arbitration Agreements , Department of Justice (DOJ) , Employee Rights , Employer Liability Issues , Federal Arbitration Act , NLRA , NLRB , Section 7

DOJ Changes Position in a Class Waiver Case Pending Before the Supreme Court

Last Friday, the U.S. Department of Justice (DOJ), in a rare move, changed its position in a class waiver case pending before the U.S. Supreme Court. On Jan. 13, 2017, the Court granted certiorari in three consolidated cases...more

6/21/2017 / Arbitration Agreements , Certiorari , Department of Justice (DOJ) , Epic Systems Corp v Lewis , Ernst & Young v Morris , Federal Arbitration Act , Murphy Oil v NLRB , NLRA , NLRB , SCOTUS , Section 7

Justices to Consider Arbitration Agreements With Class Waivers – The End of the Beginning?

Apologies to Winston Churchill, but the conflict over the enforcement of arbitration agreements with class waivers has become an ongoing legal and ideological struggle. Some view individual arbitration as a quicker and less...more

1/18/2017 / Arbitration , Arbitration Agreements , Class Action , Class Action Arbitration Waivers , Collective Actions , Ernst & Young , Federal Arbitration Act , Mandatory Arbitration Clauses , Murphy Oil USA , NLRA , NLRB , Section 7

Reining In Individual Arbitration – Ninth Circuit Rules Class Waivers Unenforceable

In a 2-1 ruling, the Ninth Circuit became the second federal court of appeals to agree with the National Labor Relations Board’s (NLRB) position that the National Labor Relations Act (NLRA) prohibits class action waivers in...more

8/25/2016 / Arbitration , Arbitration Agreements , Class Action Arbitration Waivers , Federal Arbitration Act , NLRA , NLRB , Section 7

Eighth Circuit Stays the Course in the Cellular Sales of Missouri Opinion, Rejecting the NLRB’s Arguments Against Class Waivers

Following in the wake of an earlier opinion, the Eighth Circuit rebutted the National Labor Relations Board’s (“Board”) arguments that by requiring employees to enter into arbitration agreements with a class and collective...more

6/7/2016 / Arbitration Agreements , Class Action Arbitration Waivers , Collective Actions , NLRA , NLRB , Section 7

John Lewis

BakerHostetler

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