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Mandatory Arbitration Clauses National Labor Relations Board Arbitration

Epstein Becker & Green

Video: NLRB Focuses on Severance Agreements, Supreme Court Opens Overtime to HCEs, Ninth Circuit Rejects CA’s Mandatory...

As featured in #WorkforceWednesday:  This week, we’re highlighting the National Labor Relations Board’s (NLRB’s) crackdown on confidentiality and non-disparagement provisions in severance agreements, a U.S. Supreme Court...more

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

Beltway Buzz - March 2022 #4

The U.S. Senate Committee on the Judiciary held hearings this week on Judge Ketanji Brown Jackson’s nomination to be an associate justice of the Supreme Court of the United States. Republican senators focused on Judge...more

Fisher Phillips

The Top 18 Workplace Law Stories from September 2021

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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

CDF Labor Law LLP

[Webinar] How the New Biden/Harris Administration is Likely to Affect California Employers - January 27th, 9:30 am PT

CDF Labor Law LLP on

For the last four years, California employers have mostly been focused on changes in state and local law, as the Trump administration has done little to regulate employers. Later this month, when the administration changes in...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - February 2020

This edition of Employment Flash looks at recent NLRB activity, including its decision (overruling an Obama-era decision) regarding confidentiality rules for employees during ongoing workplace investigations. We also discuss...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

Constangy, Brooks, Smith & Prophete, LLP

Employers Can Start An Arbitration Program After Being Sued . . .

. . . if they do it right. (Part 3 of a four-part series.) The National Labor Relations Board recently ruled that an employer may impose a mandatory arbitration program with a class or collective relief waiver after a...more

Amundsen Davis LLC

The NLRB Still Has Something To Say About Mandatory Arbitration Agreements

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In May 2018, the U.S. Supreme Court rejected the argument that the National Labor Relations Act (the “Act”) prohibits mandatory arbitration agreements that contain class and collective action waivers. But that has not stopped...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

Orrick - Employment Law and Litigation

It’s Never Too Late: NLRB Rules Employers Can Update an Existing Mandatory Arbitration Agreement to Include a Class or Collective...

Arbitration agreements are a powerful tool in resolving employment actions. As we noted last year, the U.S. Supreme Court ruled in a landmark case that employers can use class and collective action waivers in mandatory...more

Fisher Phillips

Time To Revisit Arbitration Agreements: Employers Dealt A Blow By Unanimous Labor Board

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Employers may be surprised to learn that the Republican-controlled National Labor Relations Board just issued a unanimous decision invalidating an employer’s mandatory arbitration agreement that could be reasonably...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

Fisher Phillips

Is Your Dealership Taking Advantage Of Employment Arbitration?

Fisher Phillips on

You may have recently heard something about arbitration agreements in the news, and you might be wondering whether your dealership should do anything about it. Some quick background: over the last decade, the use of...more

Carlton Fields

Eleventh Circuit Reverses NLRB Order, Enforcing Individualized Arbitration Clause In Employee Agreement

Carlton Fields on

A pizza delivery driver employed by Domino’s Pizza franchisee Cowabunga Inc. filed a collective action under the Fair Labor Standards Act with the National Labor Relations Board. ...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

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

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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

Moore & Van Allen PLLC

The Next Big Thing: Will Employment Agreement Class Action Waivers Clear the U.S. Supreme Court?

Moore & Van Allen PLLC on

This year important questions regarding the viability of class action waivers in arbitration agreements have moved close to resolution. In July, the Consumer Financial Protection Bureau (CFPB) issued a long-awaited final rule...more

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