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The National Labor Relations Act › Class Arbitration

The National Labor Relations Act is a United States federal statute enacted in 1935 to prevent labor strife by encouraging collective bargaining, protecting concerted activity and curtailing certain unfair labor... more +
The National Labor Relations Act is a United States federal statute enacted in 1935 to prevent labor strife by encouraging collective bargaining, protecting concerted activity and curtailing certain unfair labor practices by private sector managament and labor.  less -
Burr & Forman

Fifth Circuit Holds That Class Arbitration is a Gateway Issue For Courts, Not Arbitrators

Burr & Forman on

The United States Court of Appeals for the Fifth Circuit recently joined other federal appellate courts finding that class arbitration is a “gateway” issue for judicial determination, not the arbitrator.  See 20/20...more

Carlton Fields

Fifth Circuit Holds Propriety of Class Arbitration Is “Gateway” Issue for Courts

Carlton Fields on

The Fifth Circuit has joined a number of other circuits and concluded that whether class arbitration is appropriate under the terms of a particular arbitration agreement is a “gateway” issue to be decided by courts, not an...more

BakerHostetler

The Fifth Circuit Agrees With Its Sister Circuits That Class Arbitrability Is a Gateway Issue for Courts, Not Arbitrators

BakerHostetler on

In a predictable decision, the Fifth Circuit has held that the availability of class arbitration is a gateway issue for the courts to decide, absent “clear and unmistakable” language in the arbitration agreement to the...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - May 2019

Skadden, Arps, Slate, Meagher & Flom LLP on

This edition of Employment Flash looks at developments in labor and employment law, including regarding a DOJ appeal of the EEOC's heightened pay reporting requirements, the NLRB's decision narrowing the circumstances under...more

K&L Gates LLP

Expounding on Arbitrability: The Seventh Circuit Joins the Growing Ranks of Circuit Courts Finding that Courts Presumptively...

K&L Gates LLP on

The U.S. Supreme Court has issued numerous decisions over the past decade addressing arbitration agreements. In one of the Roberts Court’s first forays into the arbitration arena, the Court held that class or collective...more

Carlton Fields

Ninth Circuit Snubs Stolt-Nielsen, Holds Generic Employee Arbitration Agreement Permits Class-wide Arbitration

Carlton Fields on

After an employer allegedly released personally identifiable information of its employees as the result of a phishing scam, plaintiff employee filed a putative class action lawsuit, alleging claims including negligence,...more

Carlton Fields

NLRB Finds Mandatory Arbitration Clause Unenforceable

Carlton Fields on

An administrative law judge for the National Labor Relations Board (“Board”) found in favor of Talina Torres (“Torres”) against Employers Resource (“Employers”) after determining that an arbitration clause within an...more

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