News & Analysis as of September 20, 2024

Protected Concerted Activity › Murphy Oil v NLRB

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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 -

The Case for Class - Class Action Waivers in Arbitration Agreements

Spilman Thomas & Battle, PLLC on 6/19/2018

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

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

Farella Braun + Martel LLP on 5/29/2018

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

NLRB's General Counsel Issues Memo on Arbitration Issue Pending at Supreme Court

Littler on 2/6/2017

As a result of the Supreme Court’s recent decision to grant certiorari and address the dispute over whether class and collective action waivers are lawful in an arbitration agreement, many employers have asked whether similar...more

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

Snell & Wilmer on 1/25/2017

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

Supreme Court Justices (presumably 9 of them) Will Again Address Class Action Waivers in Arbitration Clauses

Fox Rothschild LLP on 1/17/2017

Last Friday, the US Supreme Court agreed to hear cases from the 9th, 7th, and 5th Circuits in which the courts are split on the issue whether class action waivers in employee arbitration agreements violate Section 7 of the...more

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