Alternative Dispute Resolution (ADR), Labor & Employment Law, Administrative Law

Eighth Circuit Permits Individual Arbitration of FLSA Claims

by Flyn L. Flesher | Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/15/2013

The Eighth Circuit Court of Appeals issued an important pro-arbitration opinion last week, compelling individual arbitration of a putative Fair Labor Standards Act (FLSA) collective action. Owen v. Bristol Care, Inc., No....more

Eighth Circuit Upholds Employment Agreement Waiving Collective Action Rights

by Erin Clarke, Daniel V. Johns, Steven Suflas | Ballard Spahr LLP on 1/15/2013

The U.S. Court of Appeals for the Eighth Circuit has joined the clear majority of federal district courts in concluding that employment arbitration agreements may bar class and collective actions, in spite of the National...more

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

by Liz Kramer | Leonard, Street and Deinard - Arbitration... on 1/11/2013

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

“I Should have Brought A Gun To Shoot Her” Comment Was Not Workplace Violence: Ontario Arbitrator

by Adrian Miedema | Dentons on 1/10/2013

In a surprising decision, an Ontario arbitrator has decided that a picketing employee’s comment to his fellow picketers that “I should have brought a gun to shoot” a company security officer, who was nearby and overheard the...more

NLRB Overrules Longstanding Precedent Exempting Witness Statements from Disclosure in Grievance-Arbitration Context

by C. Thomas Davis | Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/7/2013

In yet another reversal of longstanding, bright-line precedent, the National Labor Relations Board (NLRB or Board) has changed dramatically the rule applicable to employers in responding to union information requests seeking...more

NLRB Continues Its Transformation

by Lawrence Lynch | Foley & Lardner LLP on 1/4/2013

Depending on one’s perspective, in recent years the NLRB has either blazed a radical path in favor of unions and individual concerted activity or it is returning to its original role under the National Labor Relations Act...more

NLRB Decision Sets New Rule on Confidentiality of Witness Statements

by Michael Lebowich, Fredric Leffler, Marc Mandelman, Ronald Meisburg, Katharine Parker, Bernard Plum, Leslie Silverman, Mark Theodore, Allan Weitzman | Proskauer Rose LLP on 1/3/2013

The National Labor Relations Board continued its attack on long established internal investigation best practices with its recent ruling in American Baptist Homes of the West, 359 NLRB No. 46 (December 15, 2012) in which it...more

NLRB Overrules Another Longstanding Precedent: Witness Statements No Longer Exempt From Disclosure

by Mark Theodore | Proskauer - Labor Relations on 12/31/2012

The precedents are falling fast. Last week the NLRB overruled the five decade old Bethlehem Steel decision, and now another longstanding precedent has fallen....more

Fenwick Employment Brief - December 2012

by Sheeva J. Ghassemi-Vanni, Daniel J. McCoy | Fenwick & West LLP on 12/19/2012

In This Issue: - FEATURE ARTICLES Supreme Court Emphasizes Supremacy Of Federal Arbitration Act and Honest Belief Inadequate Defense In CFRA Interference Claim. - NEWS BITES Class Action...more

Patton Boggs Insights - December 2012: Agencies: OSHA Launches Whistleblower Pilot Program

by Patton Boggs LLP on 12/17/2012

In October, OSHA announced it was setting in motion a pilot program that would allow complainants who file claims under the agency’s whistleblower protection program to attempt to resolve their issues with their employers...more

Privacy Breaches Can Be One-Two Punch for Employers: Arbitrator Awards Damages for Employee Credit Checks that Breached Privacy...

by Anne Côté, Terri Susan Zurbrigg | Field Law on 12/14/2012

Twenty-six employees of the Alberta Justice and Attorney General’s Maintenance Enforcement Program (“MEP”) were each awarded $1250.00 in damages each after a Peace Officer carrying out a workplace investigation used their...more

Michigan Becomes 24th Right to Work State with Public Acts 348 and 349 of 2012

by Miller Canfield on 12/13/2012

As promised, yesterday evening, Governor Rick Snyder signed two separate bills into law: SB-01116, now known as Public Act 348 of 2012 and HB-4003, now known as Public Act 349 of 2012....more

Southern District of New York Compels Arbitration of FLSA Collective Action Claims on an Individualized Basis

by Rebecca R. Hirschklau, Eric Raphan | Sheppard Mullin Richter & Hampton LLP on 12/12/2012

On December 4, 2012, Southern District of New York District Judge Barbara S. Jones, granted a motion to compel arbitration on an individual basis in a class and collective action brought pursuant to, among other things, the...more

Weekly Law Resume - December 6, 2012: Employer May Not Deny Reinstatement of An Employee on CFRA Leave Based On “Honest Belief”...

by Karen L. Moore | Low, Ball & Lynch on 12/12/2012

Avery Richey v. AutoNation, Inc. et al. Court of Appeal, Second District (November 13, 2012) This case discusses an employer’s burden of proof to set forth a legitimate reason for denying reinstatement to an employee...more

OSHA Announces ADR Pilot Program

by Lloyd B. Chinn, Harris M. Mufson, Steven J. Pearlman | Proskauer - Whistleblowing & Retaliation on 11/19/2012

The Occupational Safety and Health Administration (OSHA), which is charged with enforcing the whistleblower protection provisions in 22 separate statutes – ranging from Section 806 of the Sarbanes-Oxley Act of 2002 to...more

OSHA to Offer Alternative Dispute Resolution for Whistleblower Complaints

by Morgan Lewis on 11/12/2012

Employers should evaluate whether new whistleblower complaints are eligible for the initiative, which provides expedited and potentially cost-saving resolution of claims. On October 1, the Occupational Safety and...more

NLRB Administrative Law Judge Further Expands Controversial D.R. Horton Decision, Strikes Down Non-Mandatory Arbitration Agreement

by Franczek Radelet P.C. on 11/12/2012

The continuing saga over the treatment of the National Labor Relations Board’s (NLRB) D.R. Horton, Inc. decision and the broad implications that it holds for both union and non-unionized workforces recently added another...more

Navigating the Two-Way Street of Workplace Accommodation

by Field Law on 11/8/2012

The phrase “accommodation is a two-way street” appears often in arbitration and human rights decisions that discuss an employer’s duty to accommodate its employees. That accommodation has been characterized this way means...more

Healthcare Update, No. 4, November 2012: NLRB Continues To Set Sights On Healthcare Employers

by Fisher & Phillips LLP on 11/7/2012

The National Labor Relations Board (NLRB) has continued its aggressive attack on employers in the healthcare industry and nonunion employers generally. With a membership majority that is widely recognized as being pro-union,...more

Board and Courts Clash Over D.R. Horton

by FordHarrison on 11/6/2012

Executive Summary: Two recent decisions illustrate the tension between the National Labor Relations Board (NLRB) and courts created by the Board's decision in D.R. Horton, which held that an employer violated the National...more

Employment Law Newsletter - November 2012

by Bean, Kinney & Korman, PC on 11/5/2012

In This Issue: - Providing WARN Act Notification to Employees As Sequestration Approaches...Page 1 - Your Contract’s Arbitration Clause May Not Be Optional...Page 3 - Excerpt from Your Contract’s Arbitration...more

Three in a Row? That's a Trend

by McNees Wallace & Nurick LLC on 11/1/2012

It seems like we have been spending a lot of time discussing successful appeals of arbitration decisions lately, which is been a good thing for Pennsylvania employers. Recently, we reported on two cases in which an employer...more

Labour Mobility Update: TILMA Dispute Resolution Endorses Assessment of Good Character

by Field Law on 10/19/2012

On September 28, 2012 a Dispute Resolution Panel established under the Trade, Investment and Labour Mobility Agreement (“TILMA”) between Alberta and British Columbia released its decision regarding the BC College of Social...more

D.R. Horton Decision on Class Action Waivers in Mandatory Arbitration Agreements Draws Decidedly Negative Reaction from Federal...

by Franczek Radelet P.C. on 9/24/2012

In January, we reported on the National Labor Relations Board’s (NLRB) controversial decision in D.R. Horton, Inc. and the broad implications that it had for both union and non-unionized workforces. The NLRB’s decision in...more

Recent NLRB Decisions Challenge At-Will Disclaimers and May Impact HR Investigations

by Orrick - Global Employment Law Group on 8/28/2012

Earlier this year, in D.R. Horton, Inc., 357 NLRB No. 184 (Jan. 6, 2012), the National Labor Relations Board (“Board” or “NLRB”) held that mandatory arbitration agreements requiring all employment disputes to be resolved...more

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Alternative Dispute Resolution (ADR) › Labor & Employment Law › Administrative Law