The U.S. Department of Labor estimates 56 percent of all nonunion private-sector employees are subject to mandatory arbitration agreements. Many employers use such agreements—and the class action waivers contained therein—to...more
5/22/2024
/ Arbitration ,
Class Action ,
Class Action Arbitration Waivers ,
Delivery Drivers ,
Department of Labor (DOL) ,
Enforceability ,
Exemptions ,
Federal Arbitration Act ,
Mandatory Arbitration ,
Private Sector ,
Transportation Industry
Employers in Washington are facing a flurry of class actions alleging violations of the state’s new pay transparency law. While it is too early to gauge the viability of the claims, employers doing business in Washington may...more
10/17/2023
/ Class Action ,
Damages ,
Employer Liability Issues ,
Employment Litigation ,
Governor Inslee ,
Injunctive Relief ,
Job Ads ,
Pay Transparency ,
Posting Requirements ,
Putative Class Actions ,
State Labor Laws ,
Wage and Hour
On June 23, 2023, the Supreme Court of the United States held district court proceedings must be put on hold during an appeal on the question of whether claims are subject to arbitration. The ruling is a big win for...more
6/26/2023
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Class Action ,
Coinbase Inc v Bielski ,
Employment Contract ,
Federal Arbitration Act ,
Interlocutory Appeals ,
Jurisdiction ,
Mandatory Arbitration Clauses ,
Motion to Compel ,
Split of Authority ,
Stays
On May 21, 2018, the Supreme Court of the United States settled the contentious class action waiver issue that has riled courts for the past six years. In a 5-4 opinion, the Court upheld class action waivers in arbitration...more
5/21/2018
/ Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Collective Actions ,
Corporate Counsel ,
Epic Systems Corp v Lewis ,
Ernst & Young ,
Federal Arbitration Act ,
Mandatory Arbitration Clauses ,
Murphy Oil USA ,
NLRA ,
NLRB ,
SCOTUS
On January 13, 2017, the Supreme Court agreed to take up the contentious class action waiver issue that has riled courts for the past four years.
In January 2012, the National Labor Relations Board ruled in D.R. Horton,...more
The decision affects every employer with an arbitration agreement and every employer that wants to avoid class and collective actions, which should be all of them....more
In a major win for employers, the Fifth Circuit Court of Appeals, on December 3, 2013, rejected the highly controversial D.R. Horton, Inc. decision from the National Labor Relations Board (NLRB).
...more
Today, the 5th U.S. Circuit Court of Appeals issued their much anticipated decision in D.R. Horton v. NLRB, overturning an earlier National Labor Relations Board ruling on worker arbitration agreements that was at the heart...more