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The Ninth Circuit recently reversed a district court’s denial of a motion to compel arbitration of an employee’s claims that were brought as a putative class action against her employer, Nordstrom. The basis for the motion to...more
On the same day that the California Supreme Court issued Iskanian, another important ruling with respect to class action arbitration waivers was issued by the Ninth Circuit Court of Appeals. In Davis v. Nordstrom, the court...more
Employee handbooks typically contain an overview of company history, a set of employment policies and general guidance, and a clear and prominent disclaimer that nothing in the handbook creates a contract of employment...more
A few months ago, you would have reasonably thought that West Virginia was one of the most anti-arbitration states in the country. There was not an unconscionability argument that the state didn’t seem to buy with respect to...more
Serpa v. California Surety Investigations, Inc., No. B237363 (April 19, 2013): In a recent decision, a California Court of Appeal held that an arbitration agreement contained in an employee handbook was not invalid solely on...more
The National Labor Relations Board (NLRB or Board) continues its pursuit of employee handbooks and employment contracts in a series of recent decisions examining the lawfulness of confidentiality and alternative dispute...more
In a victory for employers, the Second Circuit issued a decision enforcing an arbitration agreement and denying plaintiff’s request to pursue class-wide litigation of her Title VII claims in court in Parisi v. Goldman, Sachs...more
In 2012, the National Labor Relations Board (NLRB or Board) aggressively staked out positions on employment policies and practices prevalent in both union and nonunion workplaces. These issues include social media policies...more
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
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
Recent cases challenge at-will employment, confidentiality, dispute resolution, and social media policies in nonunion workplaces.
Over the last few years, the National Labor Relations Board (NLRB) has taken more...more
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