Liz Kramer

Liz Kramer

Stinson Leonard Street

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Latest Posts › NLRB


Same Arbitration Story, Different Jurisdiction: NAF, NLRB, and Nursing Homes

Some arbitration topics just never die. This post strings together new cases on three of those topics: 1) whether arbitration agreements that call for the now-defunct National Arbitration Forum (NAF) are enforceable; 2)...more

11/9/2015 - AL Supreme Court Arbitration Class Action Arbitration Waivers D.R. Horton v NLRB Murphy Oil USA NLRB Nursing Homes PA Supreme Court

Arbitration Puzzler: Nevada’s Anti-Waiver Rule Preempted; California’s Anti-Waiver Rule Not Preempted

Two opinions came out recently in disputes over the arbitrability of putative class actions alleging that employees were not paid for overtime (and other labor violations). In one, the Nevada Supreme Court acknowledged that...more

10/8/2015 - Arbitration AT&T Mobility AT&T Mobility v Concepcion Class Action Class Action Arbitration Waivers Federal Arbitration Act Iskanian Iskanian v CLS Transportation NLRA NLRB NV Supreme Court Preemption Putative Class Actions SCOTUS Unconscionable Contracts Unpaid Overtime Wage and Hour

SCOTUS Will Not Reconsider Fate Of Delaware’s Business Arbitrations; NLRB’s Class Action Arbitration Decision Loses Again

SCOTUS announced today that it would not review the Third Circuit’s decision in Strine v. Delaware Coalition for Open Government, Inc, holding that Delaware’s Chancery Court could not offer its judges’ services as neutral...more

3/24/2014 - Arbitrators Class Action Collective Actions Federal Arbitration Act FLSA NLRB SCOTUS

Fifth Circuit Overrules NLRB, Finds D.R. Horton May Preclude Class Arbitration

After three federal circuits had already refused to defer to the NLRB’s decision in D.R. Horton, it is not surprising that the Fifth Circuit yesterday overruled the NLRB’s critical holding: that precluding class arbitrations...more

12/5/2013 - Arbitration Class Action Class Action Arbitration Waivers D.R. Horton D.R. Horton v NLRB NLRA NLRB

Second And Ninth Circuits Allow Employers To Preclude Collective FLSA Claims, Rejecting NLRB Ruling

In January of this year, the Eighth Circuit was the first federal appellate court to refuse to adopt the National Labor Relations Board’s ruling on class action waivers in employment contracts. (The previous year, in D.R....more

9/4/2013 - American Express v Italian Colors Restaurant Arbitration Collective Actions FLSA NLRB SCOTUS

Eighth Circuit “Owes No Deference” To NLRB Ruling On Class Arbitration

One year ago, the NLRB ruled in D.R. Horton, Inc. that it is a violation of federal labor law for employers to require their employees to sign arbitration agreements waiving class actions, and that any arbitration agreements...more

1/11/2013 - Arbitration Arbitration Agreements Class Action Arbitration Waivers D.R. Horton D.R. Horton v NLRB Employment Contract FLSA NLRA NLRB Waivers

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