Arbitration, NLRB | JD Supra Law News

California Appellate Court Orders Arbitration and Rules that Claims May Not Proceed On Behalf of a Class Plaintiff in Macy's OT...

by Dawn Kennedy, Greg Mersol | BakerHostetler on 1/31/2013

A recent decision from a California court of appeals reflects a growing, if at times reluctant, acceptance by California courts of employment arbitration. In Outland v. Macy’s Department Stores, Inc., Case No. A133589 (Ct....more

The Debate Continues: Recent Eighth Circuit Decision Adds to the Growing Tension between Federal Courts and the NLRB Regarding the...

by Greg Mersol, Ericka Spears | BakerHostetler on 1/30/2013

Much like a war where each side steadily amasses victories and defeats, the federal courts and the National Labor Relations Board (NLRB) continue to have diverging opinions on the enforceability of class action waivers in...more

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

Arbitration Agreements May Contain FLSA Collective Action Waivers, 8th Circuit Rules

by Michael Cardman | XpertHR - Partnered with LexisNexis on 1/8/2013

An employer may include in its mandatory arbitration agreement a waiver of the right to bring collective actions under the Fair Labor Standards Act (FLSA), a federal appeals court ruled January 7....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 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 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

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Arbitration › National Labor Relations Board