Lori Phillips

Lori Phillips

Sherman & Howard L.L.C.

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To arbitrate arbitrability or not to arbitrate arbitrability? That is the question!

Whether the parties to a collective bargaining agreement (“CBA”) agreed to arbitrate arbitrability (i.e. whether an issue is subject to arbitration at all) was the key issue ConocoPhillips, Inc. v. Local 13-0555 United...more

2/7/2014 - Arbitration Arbitration Agreements Collective Bargaining Zero Tolerance Policies

NLRB Standing (read “Expanding”) Ground on D.R. Horton

In the controversial 2012 decision D.R. Horton, Inc., the NLRB held that mandatory arbitration agreements requiring all employment disputes to be resolved through individual (as opposed to class) arbitration violate NLRA §...more

1/27/2014 - Arbitration Arbitration Agreements D.R. Horton D.R. Horton v NLRB Federal Arbitration Act Mandatory Arbitration Clauses NLRA NLRB

Another Win for FLSA Class Action Waiver

In Porreca v. Rose Group, No. 13-1674 (E.D. Penn. Dec. 11, 2013), an employee attempted to bring class claims for violations of the wage and hour provisions of the FLSA against its restaurant employer in federal court. The...more

12/27/2013 - Arbitration Arbitration Agreements Class Action Class Action Arbitration Waivers FLSA Motion to Compel

Court Nixes Non-Appealability Clause in Arbitration Agreement

Generally speaking, arbitration is a matter of contract, and arbitration agreements must be enforced according to their terms. The Ninth Circuit recently issued a caveat, however. In In re Wal-Mart Wage & Hour Employment...more

12/24/2013 - Appeals Arbitration Arbitration Agreements Federal Arbitration Act Void and Unenforceable

NLRA vs Federal Arbitration Act: Arbitration Wins

In D.R. Horton, Inc., v. NLRB, No. 12-60031 (5th Cir. 2013), the Fifth Circuit overturned an NLRB decision that an employer infringed on employees’ rights by requiring them to sign an arbitration agreement in which they...more

12/9/2013 - Arbitration Class Action Class Action Arbitration Waivers D.R. Horton Employee Rights Federal Arbitration Act NLRA NLRB

Class Arbitration “No Mere Detail”

In a case likely to affect employer-employee arbitration agreements, one court has ruled that a court, and not an arbitrator, must determine whether ambiguous arbitration agreements cover class claims. Reed Elsevier, Inc. v....more

11/12/2013 - Arbitration Agreements Class Action Class Arbitration

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