News & Analysis as of

Section 7 Fair Labor Standards Act (FLSA)

Parker Poe Adams & Bernstein LLP

Managers Not Protected by NLRA Concerted Activity Rules

Over the past few years, the National Labor Relations Board has taken aggressive measures to extend labor law protections to some non-unionized employees. These decisions have involved employer policies restricting social...more

BCLP

Busy Inside the Beltway: Recent Activity by the DOL, EEOC, NLRB and FTC

BCLP on

Federal agencies responsible for employment-related matters have been busy in recent weeks issuing guidance, updated workplace posters, and more. Let’s get caught up...more

DirectEmployers Association

OFCCP Week In Review: June 2022 #2

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee J. Chambers and Cynthia L. Hackerott. In today’s...more

DirectEmployers Association

OFCCP Week In Review: May 2022 #3

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Fisher Phillips

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

Fisher Phillips on

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

Seyfarth Shaw LLP

Seyfarth Shaw Policy Matters Newsletter - November 2019

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Right of First Refusal EO Revoked. Last week, President Trump issued an Executive Order revoking Executive Order 13495 issued by President Obama in January 2009. EO 13495 required that successor Federal service contractors...more

Proskauer - Labor Relations Update

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

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

Seyfarth Shaw LLP

Chicago Passes Expansive Fair Workweek Law

Seyfarth Shaw LLP on

Seyfarth Synopsis: On Wednesday, the Chicago City Council passed the Chicago Fair Workweek Ordinance, arguably the most expansive law of its kind. When the law takes effect in July 2020, it will require covered employers to...more

Littler

Labor and Employment Issues Facing the Healthcare Industry

Littler on

Public discourse on “healthcare” has focused primarily on health insurance and the significant changes made by the Affordable Care Act. But what about the providers of healthcare—the doctors, nurses, hospitals, pharmaceutical...more

Locke Lord LLP

April and May 2018 Independent Contractor Misclassification and Compliance News Update

Locke Lord LLP on

The past two months were momentous for many companies that engage independent contractors in California to supplement their workforce or to interact with their customers. This applies not only to businesses based in...more

Franczek P.C.

Arbitrator Must Rule on Independent Contractor Status of Uber Drivers in Class-Action Notwithstanding NLRA Bar to Class Action...

Franczek P.C. on

Last week, a U.S. District Court Judge in Illinois ruled that an arbitration agreement signed by an Uber driver required arbitration on the issue of whether Uber drivers are employees or independent contractors before the...more

Troutman Pepper

January 2017 Independent Contractor Misclassification and Compliance News Update

Troutman Pepper on

January was a busy month for independent contractor misclassification – and IC compliance. In addition to Lowe’s $2.85 million settlement with installers whom it classified as ICs, Lufthansa agreed to pay $1.1 million in...more

Ballard Spahr LLP

Expect Pro-Business, Pro-Employer Changes Under Trump Administration

Ballard Spahr LLP on

When Donald Trump won the presidential election in November, management-side labor and employment lawyers everywhere scrambled to figure out what the changing administration would mean for our nation's employers and our...more

Cozen O'Connor

2016/2017 Labor & Employment Observer

Cozen O'Connor on

Activist NLRB Created More Problems For All Employers in 2016 - What Happens Under President Trump? During 2016, the National Labor Relations Board (NLRB or the Board) maintained its generally pro-union, anti-employer...more

Mintz - Employment Viewpoints

Where Are We With the Enforceability of Class Action Waivers in Arbitration Agreements?

With the 9th Circuit’s late summer anti-class action waiver decision, the circuit split widened over the issue of whether employers can require employees, through an arbitration agreement, to waive their rights to bring class...more

Manatt, Phelps & Phillips, LLP

Employment Law - October 2016

Employers Can’t Arbitrate Any Issues Related to PAGA Claim - Why it matters - The California Supreme Court’s decision in Iskanian v. CLS Transportation Los Angeles forecloses an employer’s ability to require a...more

Morgan Lewis

Ninth Circuit: Arbitration Agreements Cannot Require Employees to Individually Arbitrate Claims in Separate Proceedings

Morgan Lewis on

The Ninth Circuit is the latest court to consider the NLRB’s position that class and collective action waivers violate the NLRA; here, the court ruled that an arbitration agreement that completely prevents employees from...more

Allen Matkins

Ninth Circuit Strikes Down Class Action Waivers In Employment Arbitration Agreements

Allen Matkins on

On August 22, 2016, the U.S. Court of Appeals for the 9th Circuit (which covers California) struck down a "concerted action waiver" (i.e., a waiver of class, collective or other group actions) in an arbitration agreement....more

Bradley Arant Boult Cummings LLP

West Coast—Time to Check Your Employment Agreements: Ninth Circuit Negates No-Class Action Clause in Arbitration Agreements

This week, the Ninth Circuit held that Ernst & Young’s (E&Y) arbitration agreement that prohibited its employees from filing class actions violates the National Labor Relations Act (NLRA). E&Y required as a condition of...more

Seyfarth Shaw LLP

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

Seyfarth Shaw LLP on

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

Sherman & Howard L.L.C.

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

Mintz - Employment Viewpoints

Score One for the NLRB: Seventh Circuit Becomes First Federal Appeals Court to Hold that Class/Collective Action Waivers in...

The Seventh Circuit recently became the first federal appellate court to say that employers can’t prevent class/collective actions through waivers in mandatory arbitration agreements, holding that such waivers interfere with...more

Littler

Seventh Circuit Finds Class Action Waivers in Arbitration Agreements are Illegal and Unenforceable under the NLRA

Littler on

On May 26, 2016, the U.S. Court of Appeals for the Seventh Circuit issued its decision in Lewis v. Epic-Systems Corp., finding that the company's arbitration agreement, which prohibits employees from participating in “any...more

Seyfarth Shaw LLP

Fifth Circuit Stands Pat, Again Rejects NLRB Attempt To Void Class And Collective Action Waiver

Seyfarth Shaw LLP on

As expected, the Fifth Circuit once again has rejected the NLRB’s highly controversial position that the National Labor Relations Act (“NLRA”) prohibits employers from requiring mandatory arbitration agreements that preclude...more

Parker Poe Adams & Bernstein LLP

NLRB Says Filing Class Action Lawsuit is Protected Concerted Activity

Section 7 of the National Labor Relations Act prohibits employers from discriminating or retaliating against employees who engage in protected concerted activity. Concerted Activity means actions involving terms and...more

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