News & Analysis as of

Protected Concerted Activity › Epic Systems Corp v Lewis

The phrase "Protected Concerted Activity" refers to certain protected activities specified in the National Labor Relations Act of 1935. Under the NLRA, covered employees may join together to improve... more +
The phrase "Protected Concerted Activity" refers to certain protected activities specified in the National Labor Relations Act of 1935. Under the NLRA, covered employees may join together to improve their wages and working conditions. If employees are engaged in "protected concerted activity" and suffer adverse employment consequences, such employees may seek redress under the NLRA, whether or not they are members of a union.  less -
Parker Poe Adams & Bernstein LLP

U.S. House Considers Limiting Mandatory Arbitration Agreements

Parker Poe Adams & Bernstein LLP on

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

Vinson & Elkins LLP

Back From The Dead – Protecting The Right To Organize Act Reintroduced In The House

Vinson & Elkins LLP on

On February 4, 2021, the Protecting the Right to Organize Act (the “PRO Act”) was reintroduced by Democrats in the United States House of Representatives. If enacted, the PRO Act would dramatically transform American labor...more

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

Changing Administrations, Changing Labor Policies, Part II: The 10 Most Prevalent Issues in Labor Law

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

Part one of this two-part series covered changes to U.S. labor law policies that employers can expect to see with the new administration. Part two is a brief summary of the most prevalent issues in current labor law and their...more

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

The Practical NLRB Advisor: Winter 2020

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

Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the winter 2020 issue of the Practical NLRB Advisor. This special double issue offers readers a thorough year in review of...more

Proskauer - Labor Relations Update

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

Proskauer - Labor Relations Update on

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

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

The Practical NLRB Advisor: Fall 2018

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

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

Mintz - Arbitration, Mediation, ADR...

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

Mintz - Arbitration, Mediation, ADR... on

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

Spilman Thomas & Battle, PLLC

The Case for Class - Class Action Waivers in Arbitration Agreements

Spilman Thomas & Battle, PLLC on

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

Farella Braun + Martel LLP

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

Farella Braun + Martel LLP on

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

Foley & Lardner LLP

Waiting for Gorsuch: SCOTUS Kicks Important Class-Action Waiver Case to Next Term

Foley & Lardner LLP on

Last week, the United States Supreme Court informed litigants in Epic Systems Corp. v. Lewis that it is pushing the case to its October 2017 term. The lawsuit, which rose up through the Western District of Wisconsin and the...more

Snell & Wilmer

Mandatory Employee Arbitration Heads to the U.S. Supreme Court

Snell & Wilmer on

Last Friday, the U.S. Supreme Court agreed to hear three cases with a similar question: whether employers can force employees to arbitrate employment claims on an individual basis and bar such claims from being brought...more

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