Alternative Dispute Resolution (ADR) General Business Labor & Employment

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SCOTUS to Resolve Split Over Enforceability of Class Arbitration Waivers in Employment Agreements

Last Friday, the U.S. Supreme Court agreed to hear the appeal of three cases addressing the enforceability of mandatory arbitration agreements with class action waivers in the employment setting. These agreements require...more

Class Warfare: Supreme Court Agrees to Hear Cases on Arbitration Class Action Waivers

The NLRB wants to stop class action waivers in employment arbitration agreements, arguing they violate the National Labor Relations Act. This issue has been raging for several years and divided federal courts. ...more

Supreme Court Agrees to Rule on Legality of Class Action Waivers

Seyfarth Synopsis: The U.S. Supreme Court has agreed to decide whether workplace arbitration agreements containing class and collective action waivers are enforceable under the FAA, notwithstanding the provisions of the NLRA....more

Don’t Throw Out Your Class-Action Waivers Just Yet

The United States Supreme Court decided last week to resolve a split in the lower courts as to whether the National Labor Relations Act (“Act”) preempts class-action waiver clauses in arbitration agreements with their...more

Supreme Court to Decide Legality of Class Action and Collective Action Waivers

On January 13, 2017, the Supreme Court agreed to consider whether employee arbitration agreements containing class/collective action waivers are unlawful and unenforceable. The Court’s decision to consider this issue portends...more

Supreme Court Will Review NLRB’s Anti-Arbitration D.R. Horton Rule

As we’ve noted in this space before, one of the most persistent efforts to undermine the Supreme Court’s decision in AT&T Mobility LLC v. Concepcion—which held that the Federal Arbitration Act (FAA) generally requires...more

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

SCOTUS To Decide Class Action Waivers

The Supreme Court has agreed to resolve the simmering dispute between the NLRB and (essentially all) employers over class action waivers. The NLRB has maintained in a number of cases that employers may not enforce arbitration...more

Supreme Court Will Hear Class Action Waiver Cases

Last week, the Supreme Court consolidated and agreed to hear three appeals of Circuit Court decisions concerning whether class action waivers contained in employment arbitration agreements infringe on employees’ rights under...more

Supreme Court Agrees to Hear Cases Attacking Arbitration Agreements With Class Action Waivers

On Friday, January 13, 2017, the Supreme Court agreed to consider arguments over whether employer arbitration policies that prohibit employees from filing class or collective actions are violative of the National Labor...more

Supreme Court Jumps Into Class Action Waiver Fight

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

Supreme Court Will Review Three Cases Involving the Lawfulness of Class and Collective Action Waivers

On January 13, 2017, the U.S. Supreme Court granted certiorari in three cases involving the lawfulness of class and collective action waivers in arbitration agreements. Since the National Labor Relations Board’s 2012...more

Arbitration Agreements Front and Center: United States Supreme Court Set to Resolve Ongoing Row over Legality of Class Action...

As readers of this blog will note, we have previously noted a split among the U.S. Circuit Courts on the issue of whether class action waivers in arbitration agreements are legal or not: the Second, Fifth and Eighth Circuits...more

Supreme Court Agrees to Decide Enforceability of Class Action Waivers in Employment Agreements

The U.S. Supreme Court has agreed to decide an important issue that has deeply divided the Courts of Appeals—are arbitration provisions in employment agreements that waive an employee's right to bring or participate in class...more

SCOTUS to Determine Enforceability of Class Action Waivers in Employment Contract Arbitration Clauses

The United States Supreme Court granted and consolidated three petitions for certiorari related to the validity of class action waiver clauses in employer/employee arbitration agreements. The Court has consolidated the...more

Want to Arbitrate? Not So Fast. California Court of Appeals Decision Illustrates Limits to Contractual Obligation to Arbitrate

On December 27, 2016, the California Court of Appeals published a decision on the enforceability of an Alternative Dispute Resolution Agreement (the "Agreement") in the context of an employee-employer relationship.? The issue...more

2016 in Arbitration Law: Fleeting Victories for Consumer Advocates?

If I had drafted this annual summary post on November 7, 2016, it would have looked different. At that point, the year had produced numerous (final or proposed) federal regulations that significantly restricted the use of...more

Fifth Circuit Reaffirms Enforceability of Class Action Waivers in Employment Arbitration Agreements, But Their Fate Remains...

Employers commonly use arbitration agreements to minimize the expense and exposure of employment-related claims. By mandating arbitration of employment disputes, they hope to ensure that these matters are resolved in a...more

Federal Court in Missouri Holds At-Will Employment Is Not Consideration for Noncompete

The end of the year is an opportune time for employers to make sure their noncompete and arbitration agreements are still valid. A recent Missouri federal court decision underscores how difficult it can be to enforce those...more

Applying Kentucky Law, Sixth Circuit Finds Continued Employment Constitutes Assent To Arbitration Agreement

During the time Plaintiffs Aldrich and Nolan worked as recruiters for the University of Phoenix, they allegedly signed an electronic form acknowledging their understanding of updated terms to the employee handbook. The...more

Employment Law - November 2016 #2

AARP Challenges EEOC’s Wellness Program Regulations - Why it matters - The AARP filed suit against the Equal Employment Opportunity Commission (EEOC) in D.C. federal court, requesting an injunction to halt the...more

Where Are We With the Enforceability of Class Action Waivers in Arbitration Agreements?

With the 9th Circuit’s late summer anti-class action waiver decision, the circuit split widened over the issue of whether employers can require employees, through an arbitration agreement, to waive their rights to bring class...more

Winds of Change: the NLRB Challenges Confidentiality Agreements and The Obama Administration’s “Call to Action” to Prohibit...

This year, the federal government is challenging contractual provisions that regularly appear in private employment agreements. Both the National Labor Relations Board (“NLRB”) and the Obama administration have challenged the...more

Board Defers to Arbitrator’s Award Upholding Management Rights–But for How Long?

Seyfarth Synopsis: In Weavexx, LLC the Board deferred to an arbitrator’s finding that the employer had the right to change its payday and pay cycle without first bargaining. The bigger question is how much longer will such...more

Legislative Developments Affecting California Employers in 2017 and Beyond

This year has brought many changes that will impact all California employers. This annual report from Greenberg Glusker’s Employment Department summarizes some of the most important employment law developments that will...more

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