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Class Action Federal Arbitration Act The National Labor Relations Act

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
Carlton Fields

Expect Focus - Volume III, September 2023

Carlton Fields on

Regulators Hit Jackpot: Off-Channel Communications - Several years before announcing the first “off-channel” communications enforcement action, the SEC and FINRA cautioned broker-dealers and investment advisers about...more

Benesch

Is the end near? Supreme Court set to rule on whether California’s PAGA law runs afoul of the Federal Arbitration Act

Benesch on

Generally, the Federal Arbitration Act (“FAA”) has routinely been enforced by the balance of the nation’s courts over the years, as it codifies accepted deference to parties’ contracts and agreements and has been held to...more

Jackson Lewis P.C.

Build Back Better Act Threatens Class and Collective Action Waivers

Jackson Lewis P.C. on

The U.S. House of Representatives on November 19, 2021, passed the Build Back Better Act (H.R. 5376), ambitious climate protection/social spending legislation that now awaits deliberation in the Senate. Tucked inside the...more

Hinshaw & Culbertson LLP

NLRB Serves Up Guidance for Restaurants on Mandatory Arbitration Agreements in Post-Epic Systems Era

The National Labor Relations Board (NLRB) recently provided guidance in Cordúa Restaurants, Inc., 368 NLRB No. 43, for employers seeking to require employees to sign class action and collective action waivers in arbitration...more

ArentFox Schiff

The National Labor Relations Board Issues Employer-friendly Arbitration Ruling

ArentFox Schiff on

In its groundbreaking decision in Epic Systems Corp. v. Lewis, 584 US ___, 138 S. Ct. 1612 (2018), the Supreme Court held that the National Labor Relations Act permits employer/employee agreements that contain class- and...more

Sheppard Mullin Richter & Hampton LLP

The NLRB Holds That Employers May Implement Class Waivers in Response to Class Claims and Discipline Employees Who Refuse to Sign...

Employers wishing to implement class action waivers in response to class claims and discipline employees who refuse to sign them just got some very good news from the National Labor Relations Board (NLRB or Board) in Cordua...more

Carlton Fields

Considerations for Use of Arbitration Agreements to Curtail Class Claims

Carlton Fields on

May 21, 2019, marks the one-year anniversary of the U.S. Supreme Court’s decision in Epic Systems Corp. v. Lewis, which upheld the use of class action waivers in employee arbitration agreements....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

The Practical NLRB Advisor: Fall 2018

Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the fall 2018 issue of the Practical NLRB Advisor. This issue examines the Supreme Court’s decision in Epic Systems Corp....more

Payne & Fears

Ninth Circuit Reverses Grant of Class Certification and Denial of Motions to Compel Arbitration in Several Uber Class Actions

Payne & Fears on

In a major victory for ride-share company Uber Technologies, Inc. ("Uber"), the United States Court of Appeals for the Ninth Circuit issued its much anticipated opinion in O'Connor v. Uber Technologies, Inc., Case No....more

Fisher Phillips

Epic Ruling Gets 2 Sequels: Court Applies New SCOTUS Standard To Wage And Misclassification Claims

Fisher Phillips on

On the heels of the Supreme Court’s decision earlier this year in Epic Systems Corporation v. Lewis, which held that the National Labor Relations Act (NLRA) does not bar class or collective action waivers in arbitration...more

Mintz - Arbitration, Mediation, ADR...

Fair Labor Standards Act Collective Action Provision Too Does Not Make Agreement to Mandatory Bilateral Arbitration Unenforceable

When the Supreme Court ruled recently that the “concerted activities” provision of the National Labor Relations Act (“NLRA”) did not make a contractual waiver of “class arbitration” unenforceable, it provided an extensive...more

Parker Poe Adams & Bernstein LLP

FLSA Does Not Bar Individual Mandatory Arbitration of Wage Claims

In its recent term, the U.S. Supreme Court held in Epic Systems Corp. v. Lewis that the National Labor Relations Act does not prohibit mandatory arbitration agreements requiring that employment disputes be subject to...more

Lewitt Hackman

FRANCHISEE 101: Class Not in Session

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In May, the U.S. Supreme Court held that mandatory arbitration agreements containing class action or collective action waivers must be enforced as written....more

Spilman Thomas & Battle, PLLC

The Case for Class - Class Action Waivers in Arbitration Agreements

Last month, in Epic Systems Corp. v. Lewis, the Supreme Court of the United States decided class action waivers in employment arbitration agreements do not violate the National Labor Relations Act (“NLRA”). A class action...more

Fisher Phillips

Web Exclusive - May 2018: The Top 14 Labor And Employment Law Stories

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Spilman Thomas & Battle, PLLC

SuperVision - Labor & Employment Law Insights - Issue 2, June 2018

...In this issue, Mitch Rhein examines the Supreme Court decision permitting class action waivers, Spencer Cook looks at a recent decision that warns employers to be careful about asking for past pay rates, Chelsea Thompson...more

Esquire Deposition Solutions, LLC

Employment Agreements that Prevent Class Action Litigation Deemed Legal

An extremely close 5-4 ruling in the U.S. Supreme Court confirmed that employment agreements that state employees must give up their rights to pursue class action claims are legal. The issue reached the Supreme Court from the...more

Jaburg Wilk

Epic Win for Employers on Individual Arbitration Agreements

Jaburg Wilk on

The U.S. Supreme Court has ruled that employers may require their employees to resolve wage and hour disputes through one-on-one arbitration instead of through class actions. In Epic Systems Corp. v. Lewis, the Supreme Court...more

Smith Anderson

Supreme Court Holds Class Action Waivers in Arbitration Agreements are Enforceable - a Victory for Employers

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The U.S. Supreme Court held on May 21 that class action waivers in employment arbitration agreements are enforceable. This is a major victory for employers. ...more

Farella Braun + Martel LLP

Supreme Court Rules That Employees Can Waive Class Action Rights Through Arbitration Agreements

On May 21, 2018, the United States Supreme Court ruled in Epic Systems Corp. v. Lewis that arbitration agreements containing class action waivers are enforceable under the Federal Arbitration Act. 584 U.S. ___ (Dkts. 16-285,...more

BCLP

Supreme Court Upholds Class Action Waivers

BCLP on

On May 21, the United States Supreme Court held that mandatory arbitration agreements containing class action waivers are to be enforced as written. In Epic Systems Corp. v. Lewis, a trio of consolidated appeals, the Court...more

Latham & Watkins LLP

A Win for Employers: US Supreme Court Rules Class Waivers Are Lawful

Latham & Watkins LLP on

The Supreme Court clarified that employers who maintain or adopt arbitration agreements with class waivers may avoid class action wage and hour lawsuits, clearing the way for employers to reduce potential exposure. The US...more

Jackson Walker

Supreme Court Okays Class Action Waivers in Employee Arbitration Agreements

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May a company ask its employees to enter into agreements to arbitrate disputes and that also waive an employee’s ability to bring a class or collective action on behalf of other present or former employees? On May 21, 2018,...more

Epiq

SCOTUS Ruling has Far-Reaching Effects on Employment Litigation and Class Action

Epiq on

On Monday, May 21, the Supreme Court, in a 5-4 decision, ruled that companies can use arbitration clauses in employment contracts to prohibit workers from banding together to bring class action suits over workplace issues....more

Poyner Spruill LLP

The U.S Supreme Court’s Ruling on Arbitration Clauses - What This Means for Businesses

Poyner Spruill LLP on

On May 21, 2018, the U.S. Supreme Court ruled that arbitration agreements between employees and their employers requiring individual arbitration must be enforced, giving employers the green light to require employees to enter...more

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