Commercial Law & Contracts, Alternative Dispute Resolution (ADR), 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

CFPB semiannual regulatory agenda: missing items and other mysteries

by Alan S. Kaplinsky | Ballard Spahr LLP on 1/14/2013

The CFPB has issued its semiannual regulatory agenda which identifies seven regulatory matters that the CFPB “reasonably anticipates” having under consideration during the period from October 1, 2012 to October 1, 2013....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

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

Michigan Passes Revised Uniform Arbitration Act

by Richard Hooker | Varnum LLP on 1/2/2013

Michigan's "bare bones" arbitration laws have been given more definition by legislation passed in the recent lame duck legislative session. The new statute, effective July 1, 2013 deals with virtually the full spectrum of...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

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

Energy Newsletter - December 2012

by King & Spalding on 12/12/2012

In This Issue: - DISPUTE RESOLUTION: - Tort Litigation: Reforming NEPA Review of Energy Projects - TRANSACTIONAL: - Transactions: Allocation of Ship-Shore Liability: Use of Port Liability Agreements to...more

FINRA Rule Amended: Whistleblower Claims Not Subject To Mandatory Arbitration

by Lloyd B. Chinn, Harris M. Mufson, Steven J. Pearlman | Proskauer - Whistleblowing & Retaliation on 11/26/2012

The Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd Frank) amended the whistleblower provision in Section 806 of the Sarbanes-Oxley Act of 2002 (SOX) to state that pre-dispute arbitration agreements that...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

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

Gaming Legal News - September 27, 2012 • Volume 5, Number 20

by Dickinson Wright on 10/1/2012

In This Issue: - AT LONG LAST, TRIBAL i-GAMING IS ON! (WELL, SORT OF….) by Dennis J. Whittlesey: Over the past several years, a major topic of discussion at virtually every gaming conference in the United States...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

Audit Provisions in Private Construction Contracts: Which Costs Are Subject to Audit, Who Bears the Expense of the Audit, and Who...

by Duane Morris LLP on 9/5/2012

Originally published in the Journal of the American College of Construction Lawyers, Volume 6, Number 2, Summer 2012. I. Introduction - Audit provisions are often included in private construction contracts where all...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

Fenwick Employment Brief - August 2012

by Fenwick & West LLP on 8/17/2012

In This Issue: Time To Tidy Up Your Arbitration Clause; California Court Provides Insight Into Application And Scope Of Administrative Exemption; NEWS BITES: Employers Can Recover Against Advances On Commissions;...more

Nelsen v. Legacy Partners Residential, Inc. - Court of Appeal Not Persuaded by D.R. Horton - Arbitration Agreements Precluding...

by Proskauer - California Employment Law on 7/26/2012

Breaking with the National Labor Relations Board’s ruling that arbitration agreements containing class waivers can violate federal labor law, the California Court of Appeal recently held that an arbitration agreement...more

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Commercial Law & Contracts › Alternative Dispute Resolution (ADR) › Administrative Law