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National Labor Relations Board › Section 7 › Arbitration Agreements

The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed... more +
The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed members, who are charged with overseeing union elections and hearing complaints of unfair labor practices under the NLRA.    less -
Spilman Thomas & Battle, PLLC

SuperVision - Labor and Employment Law Insights, Issue 2, 2021

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Welcome With the second issue of the 2021 edition of SuperVision, we are focusing on "what's next." More than 100 days into Biden's Presidency and with more than 100 million Americans fully vaccinated from COVID-19, we...more

Epstein Becker & Green

NLRB Holds Arbitration Agreements Can Remain Confidential—for Now

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Confidential arbitration agreements between employers and their employees are commonplace. Employers favor such agreements for many reasons, including preserving privacy and allowing legitimate claims to be either settled or...more

Hinshaw & Culbertson - Employment Law...

Escape Clause in Mandatory Arbitration Agreement Carries the Day for Employer in NLRB's Unfair Labor Practice Analysis

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Historically, there has been a "push and pull" between the National Labor Relations Board (Board) and employers over mandatory arbitration agreements and class action waivers. Although most of the disputes have been resolved...more

Proskauer - Labor Relations Update

NLRB Gives Green Light to Confidentiality Provisions in Individual Arbitration Agreements

Proskauer - Labor Relations Update on

In many private arbitration agreements entered into in the non-union context, employers and employees agree that the proceedings shall remain confidential. On June 19, 2020, the Board addressed whether a confidentiality...more

Fisher Phillips

Web Exclusive: The Top 14 Workplace Law Stories Of December 2019

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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

Hinshaw & Culbertson LLP

NLRB Provides Section 7 Guidance to Employers Regarding Drafting of Arbitration Agreements

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There is an ongoing tension between the National Labor Relations Board (the "Board") and employers who seek to expand the use of an arbitration forum to resolve employment disputes. The U.S. Supreme Court has continued to...more

Faegre Drinker Biddle & Reath LLP

NLRB Offers Employers Guidance on Imposing Class Action Waivers After Being Sued

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On August 14, 2019, the National Labor Relations Board (NLRB) issued a decision in Cordua Restaurants, Inc., 368 NLRB No. 43, expanding upon the U.S. Supreme Court’s Epic Systems v. Lewis ruling last year regarding collective...more

Proskauer - Labor Relations Update

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

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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

Payne & Fears

Employment Law Developments and Trends in 2018 for Nevada Employers

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Employment law is a dynamic practice area in which new law develops each year. Last year was no exception. This article, originally published in Nevada Lawyer by Matthew L. Durham and Chad D. Olsen, discusses notable...more

Jackson Walker

2018 Employment and Labor Law Update: The Year of #MeToo (Presentation)

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Gary Fowler and John Jansonius presented "2018 Employment and Labor Law Update: The Year of #MeToo" at the 20th annual Labor & Employment Law Symposium on Oct. 11, 2018 at the Westin Galleria Hotel....more

Jaburg Wilk

Epic Win for Employers on Individual Arbitration Agreements

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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

Jackson Walker

Supreme Court Okays Class Action Waivers in Employee Arbitration Agreements

Jackson Walker on

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

Dechert LLP

Supreme Court Upholds Employers’ Use of Class Action Waivers in Arbitration Agreements

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A sharply divided U.S. Supreme Court decided one of the most highly anticipated employment cases in recent years on May 21, 2018, holding in Epic Systems Corporation v. Lewis that the National Labor Relations Act (“NLRA”)...more

Jackson Lewis P.C.

Supreme Court: Class Action Waivers In Employment Arbitration Agreements Do Not Violate Federal Labor Law

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Class action waivers in employment arbitration agreements are enforceable under the Federal Arbitration Act (FAA), the U.S. Supreme Court has held in a much-anticipated decision in three critical cases. Epic Systems Corp. v....more

Jackson Lewis P.C.

Supreme Court Rules Class Action Waivers In Employment Arbitration Agreements Valid

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Class action waivers in employment arbitration agreements do not violate federal law, the U.S. Supreme Court has ruled in a much-anticipated decision in three critical cases. Epic Systems Corp. v. Lewis, No. 16-285; Ernst &...more

Locke Lord LLP

In major win for employers, Supreme Court rules that they can bar employees from bringing class-action lawsuits

Locke Lord LLP on

In a massive win for employers across the country, the U.S. Supreme Court has ruled that employers now have the green light to use class action waivers in their employment contracts. Today, the Court held in a 5-4 ruling that...more

Blank Rome LLP

Epic Shift: Supreme Court Enforces Class Action Waivers in Arbitration Agreements

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The Supreme Court issued a landmark decision on May 21, 2018, which has widespread implications for all employers. In Epic Systems Corp. v. Lewis, a 5-4 opinion written by Justice Gorsuch, the Supreme Court held that...more

Amundsen Davis LLC

Supreme Court Rules Class Action Waivers Enforceable Ending Uncertainty For Employers

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The U.S. Supreme Court ruled this morning that employers can enforce class action waivers included in employment-related arbitration agreements. An arbitration agreement is a contract through which an employee and an employer...more

Orrick - Employment Law and Litigation

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

Orrick - Employment Law and Litigation on

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

BakerHostetler

Supreme Court Upholds Legality of Class Action Waivers in Arbitration Agreements in the Employment Context

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The controversy surrounding the validity of employment arbitration agreements with class action waivers has been simmering at least since 2012. Now, with the Supreme Court’s decision in Epic Systems Corp. v. Lewis, we have an...more

Orrick - Employment Law and Litigation

Oral Arguments Heard by the Supreme Court on Enforceability of Class Action Waivers in Arbitration Agreements

Orrick - Employment Law and Litigation on

In July, we reported that the Supreme Court scheduled oral arguments to settle the circuit split of whether mandatory class action waivers violate section 7 of the National Labor Relations Act (“NLRA”). Last month, both...more

BakerHostetler

Convergys Corporation and LogistiCare Solutions, Incorporated v. NLRB – The Fifth Circuit Considers Class and Collective Action...

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The U.S. Court of Appeals for the Fifth Circuit decided two cases considering the impact of the National Labor Relations Act (NLRA) on class or collective action waivers required by companies for their applicants and...more

BakerHostetler

Digging In Its Heels: Disputing The DOJ’s Position, The NLRB Remains Defiant In Supreme Court Brief That Individual Arbitration...

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On August 9 the National Labor Relations Board (NLRB or Board) filed its responsive brief in one of three cases before the Supreme Court that may determine the future validity of individual arbitration agreements in the...more

Littler

New York State Appellate Court Finds Arbitration Agreement Requiring Employees to Bring Claims Individually Violates The National...

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On July 18, 2017, in Gold v. New York Life Ins. Co., New York’s Appellate Division, First Department issued a decision that directly contradicted the decision of the U.S. Court of Appeals for the Second Circuit in Sutherland...more

Foley & Lardner LLP

Trump Department of Justice Reverses Course on Class Action Waivers

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On June 16, 2017, the United States Department of Justice (DOJ) changed its position with respect to the enforceability of class action waivers in the labor and employment context. The move came via the DOJ’s filing of an...more

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