News & Analysis as of

Mandatory Arbitration Clauses Epic Systems Corp v Lewis

Parker Poe Adams & Bernstein LLP

U.S. House Considers Limiting Mandatory Arbitration Agreements

Since the Supreme Court’s 2018 decision in Epic Systems v. Lewis, which deemed class action waivers in employment agreements permissible, employers have increasingly relied upon mandatory arbitration provisions to limit...more

Parker Poe Adams & Bernstein LLP

NLRB Says Arbitration Agreement Must Specifically Exclude Claims Filed With NLRA

In its decision last term in Epic Systems Corp. V. Lewis, the U.S. Supreme Court concluded that the National Labor Relations Act does not preclude the use of mandatory arbitration agreements in employment which prevent class...more

Wilson Sonsini Goodrich & Rosati

New California Law Makes Employers' Use of Mandatory Arbitration Agreements More Perilous

California has once again passed pro-employee legislation, this time making it increasingly challenging for California employers to use mandatory arbitration agreements, including one containing a class waiver. Absent limited...more

Locke Lord LLP

NLRB Approves Mandatory Arbitration Agreement Rollout During Pending Litigation

Locke Lord LLP on

Last May, in Epic Systems Corp. v. Lewis, 584 U.S. __, 138 S.Ct. 1612 (2018), the United States Supreme Court held that employee agreements waiving workers’ rights to class and collective actions, and requiring individualized...more

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

NLRB Clarifies Use of Mandatory Arbitration Post-Epic Systems

On August 14, 2019, the National Labor Relations Board (NLRB) issued a ruling clarifying several mandatory arbitration issues following the 2018 decision by the Supreme Court of the United States in Epic Systems Corp. v....more

Snell & Wilmer

The Trend to Adopt Mandatory Employment Arbitration Programs

Snell & Wilmer on

In recent years, many private sector employers have adopted mandatory arbitration programs for employment disputes, which their employees are required to sign as a condition of employment. Main objectives of those programs...more

Franczek P.C.

NLRB Clarifies Employer Right to Require Mandatory Arbitration Agreements Following Supreme Court’s Epic Systems Decision

Franczek P.C. on

In a significant decision for employers, the National Labor Relations Board (NLRB) provided new guidance addressing the intersection of arbitration agreements and the National Labor Relations Act (NLRA). The NLRB’s recent...more

Proskauer - Labor Relations Update

NLRB Issues “Epic” Decision Concerning the Intersection of Mandatory Arbitration Agreements and NLRA Section 7 Rights

On August 14, 2019, the NLRB issued its first decision addressing employer conduct related to mandatory arbitration agreements and Section 7 activity since the Supreme Court decided Epic Systems Corp v. Lewis, 584 U.S. __,...more

Littler

Board Upholds Enforcement of Pre-Hire Arbitration Agreement

Littler on

The alternative dispute resolution landscape continues to evolve for employers with unionized workforces. Anheuser-Busch, LCC, 367 NLRB 123 (May 22, 2019), is the National Labor Relations Board’s (NLRB) latest decision on the...more

Polsinelli

NLRB Judge: Requiring Confidential Arbitration is an Unfair Labor Practice

Polsinelli on

While the U.S. Supreme Court’s recent decisions have generally supported the enforceability of employment-related arbitration agreements, mandatory employment arbitration remains under fire in other contexts.  ...more

Troutman Pepper

Pros And Cons Of Mandatory Arbitration Policies For Employment Disputes

Troutman Pepper on

Q.  Our company has a policy providing for mandatory arbitration of employment claims. I heard recently that some companies are moving away from these types of policies.  What are the pros and cons of requiring all employees...more

Obermayer Rebmann Maxwell & Hippel LLP

Ninth Circuit Upholds Class Arbitration Waivers in Reliance on Epic Systems

On September 25, 2018, the Ninth Circuit Court of Appeals ended an aggressive five-year legal battle between Uber and its drivers regarding whether or not drivers should be considered employees versus independent contractors....more

Seyfarth Shaw LLP

Governor Brown Vetoes Legislative Attempt To Criminalize Mandatory Arbitration

Seyfarth Shaw LLP on

Seyfarth Synopsis: In vetoing the California Legislature’s attempt to criminalize arbitration agreements (AB 3080), Governor Brown displayed common sense and the legal learning provided by recent U.S. Supreme Court authority....more

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

Washington State Governor Issues Executive Order Discouraging Arbitration Agreements and Class Action Waivers for Government...

On June 12, 2018, Washington State Governor Jay Inslee issued an executive order that directs Washington agencies to favor government contractors that do not require employees to submit to individual arbitration of claims. ...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

Shumaker, Loop & Kendrick, LLP

Client Alert: Supreme Court Allows Employers to Prevent Class Action Lawsuits through Properly Drafted Arbitration Agreements

On May 21, 2018, the United States Supreme Court decided that employers may prevent their employees from filing certain class action lawsuits through a properly drafted arbitration agreement. Epic Systems Corp. v. Lewis,...more

Parker Poe Adams & Bernstein LLP

Eleventh Circuit Remands Arbitration Case to NLRB in Light of Supreme Court Decision

In May in its Epic Systems decision, the U.S. Supreme Court upheld the ability of employers to compel individual mandatory arbitration of employment disputes as an alternative to class or collective action litigation....more

Winstead PC

Better for Everyone: Implementing Your Mandatory Arbitration Program

Winstead PC on

Mandatory arbitration agreements for employees have been enforceable for decades. Over the last several years, there has been an ongoing controversy between the Fifth Circuit Court of Appeals, among others, and the National...more

PilieroMazza PLLC

Weekly Update Newsletter - May 2018 #3

PilieroMazza PLLC on

GOVERNMENT CONTRACTING - Contractors Oppose Proposed Limit on Federal Bid Protests - According to an article in govexec.com, the Senate Armed Services Committee on May 22, 2018 began its markup of the fiscal 2019...more

Parker Poe Adams & Bernstein LLP

Supreme Court Confirms Use of Class Action Waivers in Employment Arbitration Agreements

Last week in a 5-4 decision, the U.S. Supreme Court held in favor of employers in a case that may push an increasing number of companies to use mandatory arbitration agreements with their employees. Arbitration agreements in...more

Ervin Cohen & Jessup LLP

Great News for Employers: U.S. Supreme Court Upholds Arbitration Class Action Waivers

On Monday, May 21, 2018, in a 5-4 opinion, the United States Supreme Court issued a long-awaited decision in the case, Epic Systems Corp. v. Lewis, on the issue of the enforceability of class action waivers in arbitration...more

Orrick - Employment Law and Litigation

Epic News for Employers: Class Action Waivers in Arbitration Agreements are Enforceable

Employers across the country started the work week with some positive and long-awaited news. On Monday, May 21, 2018, the U.S. Supreme Court ruled in a landmark case that employment arbitration agreements with class action...more

Fisher Phillips

Epic Win: Supreme Court Saves Employment Arbitration As We Know It

Fisher Phillips on

To the relief of employers across the country, the Supreme Court today ruled in a 5-to-4 decision that class action waivers in employment arbitration agreements do not violate the National Labor Relations Act (NLRA) and are,...more

Seyfarth Shaw LLP

A Class Waiver Can Be A Condition Of Employment

Seyfarth Shaw LLP on

Seyfarth Synopsis: In one of the most significant employment cases in memory, a sharply divided United States Supreme Court held today that employers may require employees, as a condition of employment, to enter into...more

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

Supreme Court Issues Pro-Employer Ruling on Class Action Waiver Issue

On May 21, 2018, the Supreme Court of the United States settled the contentious class action waiver issue that has riled courts for the past six years. In a 5-4 opinion, the Court upheld class action waivers in arbitration...more

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