Section 7

News & Analysis as of

And Now There Are Two: The Ninth Circuit Strikes Class Arbitration Waivers Joining the Seventh Circuit on Finding that these...

Seyfarth Synopsis: The Ninth Circuit joined the Seventh Circuit and the NLRB in finding that mandatory arbitration agreements that require all claims to be brought by employees on an individual basis violate the NLRA. On...more

Special Report: The NLRB’s Complaint Against Bridgewater and What It Means for Investment Managers

Key Points - - The National Labor Relations Board has filed a complaint against Bridgewater Associates, challenging contractual provisions of a type that are commonplace at hedge funds and private equity firms. ...more

Ninth Circuit Invalidates Class Waiver in Arbitration Agreement

In a ruling that widens the divide between federal appellate courts, the Ninth Circuit sided today with the Seventh Circuit and the National Labor Relations Board (“NLRB”) in holding that the class action waiver provision of...more

NLRB Says General Conflict of Interest Policies Violate Federal Labor Law

Another week, another National Labor Relations Board decision concluding that a standard employee handbook policy violates employees’ rights to engage in protected concerted activity under Section 7 of the NLRA. This time,...more

Ninth Circuit Strikes Class Arb Waivers

The Ninth Circuit Court of Appeals weighed in, today, on the propriety of class action arbitration waivers under the NLRA. The Court held that such waivers violate Sections 7 and 8 of the NLRA in the context of a pending...more

Two New Court Decisions Bookend Antitrust Risks for Integrated Hospitals

A Florida federal court recently denied summary judgment to an integrated hospital system hoping to exit a multicount antitrust and unfair trade lawsuit. Four days later, the Third Circuit Court of Appeals upheld summary...more

Does New Jersey's Conscientious "Everyone" Protection Act Trump the NLRB's Exclusive Jurisdiction? State Supreme Court says "Yes"...

Executive Summary: Just when employers thought New Jersey's Supreme Court could not expand the state's whistleblower law further (as we reported last summer), the Conscientious Employee Protection Act (CEPA) once again has...more

Olympics and the Power of Positivity and Unity

They did it again. The Olympics sucked me in. I am an admitted hard core sports fan when it comes to my professional teams, but like most people I’m not usually watching swimming, beach volleyball, or [fill in the blank with...more

Class Action Waivers Get Much-Needed Lyft

Three Things You Should Know About Latest Court Decision - A federal court recently upheld the validity of an employer’s class action waiver, forcing a disgruntled worker into arbitrating his case individually instead of...more

D.C. Circuit Upholds NLRB Position on Illegal Handbook Policies

Over the past several years, the National Labor Relations Board has repeatedly declared standard employee handbook policies illegal because it considered them to violate employees’ rights to engage in protected concerted...more

D.C. Circuit Upholds NLRB Finding that Employment Agreement’s Confidentiality and Non-Disparagement Provisions Violated the NLRA

Seyfarth Synopsis: The U.S. Court of Appeals for the D.C. Circuit recently denied Quicken Loans, Inc.’s petition for review of an NLRB decision finding that confidentiality and non-disparagement provisions in the company’s...more

The Transformation of the Workplace Through Robotics, Artificial Intelligence, and Automation: Employment and Labor Law Issues,...

The twin forces of technology and globalization are reinventing and redefining the workplace and the way work is performed. The workplace automation of the last century is rapidly being augmented and replaced by intelligent...more

We Traced The Trade Secret Leak … It’s Coming From Inside The Business

Seyfarth Synopsis: Protecting trade secrets from employee theft requires more than using an NDA when onboarding new employees. If businesses want to protect their confidential information, they need to take a cradle-to-grave...more

Non-Union Employers Have NLRA Risk Too

The National Labor Relations Act (“NLRA”) is a federal law governing collective bargaining and protecting the rights of workers to unionize. Because unions are uncommon in Florida outside of the public sector, many private...more

NLRB Tells Employers to Mind their Own Business

Seyfarth Synopsis: An Administrative Law Judge held that an employer’s policy of prohibiting employees from conducting personal business at work, along with its social media and solicitation/distribution policies, violated...more

Guidance On Handbooks, Policies, And Social Media Guidelines – Employers’ Attempts to Protect Themselves Too Much Can Lead to Loss...

Seyfarth Synopsis: The NLRB orders employer to cease and desist from maintaining numerous provisions in its Social Networking Guideline and provisions in the Handbook related to social media, privacy, and confidentiality, and...more

The Great Debate: Policing Politics in the Office

With the Republican National Convention well underway and the Democratic National Convention set to begin in Philadelphia on July 25, 2016, the workplace is abuzz with political discussions, a flood of political memes and...more

Collegiality in the Workplace – Not Authorized by NLRB

Collegiality in the workplace is the goal of every employer in order to provide the proper atmosphere for productive employees. Many employers have taken this desire to heart by publishing rules that encourage collegiality...more

NLRB Strikes Healthcare Facility Conduct Rules

The National Labor Relations Board (NLRB) has provided clear signals that the unique, patient-centric environments of general hospital and medical centers—and even surgical services and perianesthesia departments—will not...more

Seventh Circuit Voids Employee Promises to Not Pursue Wage and Hour Claims as Members of a Class or Collective Action

Many employers will be surprised to learn that, under some circumstances, the National Labor Relations Act (NLRA) may regulate their ability to enter into certain contractual agreements with employees. The decision of the...more

Seventh Circuit Finds Class Action Waiver Unenforceable in Arbitration Agreements, Creates Split among Circuits

The Seventh Circuit Court of Appeals recently dealt a blow to employers when it held in Jacob Lewis v. Epic Systems Corporation that arbitration agreements that prohibit employees from seeking class, collective or...more

Appellate Court Split Sets Stage for Supreme Court to Determine Use of Class Action Waivers in Employment Arbitration Agreements

As previously reported in EmployNews, the National Labor Relations Board has issued numerous recent decisions finding that employers’ use of class and collective action waiver provisions in mandatory arbitration agreements...more

The NLRB Continues to Monitor Social Media Policies

According to this EmployNews report, the National Labor Relations Board continues to interpret the National Labor Relations Act to prohibit social media policies that restrict employees’ ability to publically complain about...more

Circuit Courts Weigh Employee Arbitration Waiver Agreements with Divergent Results

Conflicting decisions issued within one week of each other from the U.S. Courts of Appeals for the Seventh and Eighth Circuits exemplify the ongoing debate in circuit courts across the country about the enforceability of...more

Appellate Courts Set the Supreme Court Stage for Waiver Showdown?

Many of our readers are no strangers to the ongoing legal battle over the enforcement of arbitration agreements containing class action waivers. While the National Labor Relations Board (NLRB) has steadfastly maintained its...more

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