News & Analysis as of

Arbitration The National Labor Relations Act

Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties... more +
Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties to arbitration agree in advance to be bound by the arbitrator's decision. Arbitration is an alternative to litigation, but it shares many of the familiar features of litigation. Namely, parties to arbitration hold hearings before neutral decision-makers, present evidence and argue the merits of their position. Parties often choose arbitration due to its perceived advantages over litigation. Those perceived advantages include greater efficiency and flexibility, and lower costs. less -
Faegre Drinker Biddle & Reath LLP

Bipartisan Push for Speedier Labor Agreements: Senators Unveil the Faster Labor Contracts Act

On March 4, 2025, U.S. Senator Josh Hawley (R-MO), along with a bipartisan coalition of senators, introduced new legislation — the Faster Labor Contracts Act — to dramatically speed up the timeline for first contracts for...more

Conn Maciel Carey LLP

Trump Nominates Lori Chavez-DeRemer as Labor Secretary

Conn Maciel Carey LLP on

Last week, President-elect Donald Trump announced that he will nominate Rep. Lori Chavez-DeRemer to be the next Secretary of Labor. Rep. Chavez-DeRemer most recently represented Oregon’s 5th District in the US House of...more

Foster Swift Collins & Smith

[Webinar] 2024 Labor & Employment Law Virtual Update - September 18th, 8:30 am - 11:00 am ET

It has been a particularly busy year on the labor and employment law front. To learn more about the major challenges employers face and developments your organization needs to address before year's end, we encourage you to...more

Fisher Phillips

SCOTUS 2023/24 Lookback and Preview: 8 Key Rulings that Impact the Workplace and 4 New Cases for Employers to Track Next Term

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The Supreme Court issued several momentous decisions last term that will have a lasting impact on employer practices. The Justices continued to shape the workplace law landscape by ruling on an array of issues involving...more

Proskauer - Labor Relations Update

Eighth Circuit Upholds NLRB Bad Faith Bargaining Decision and Broad Remedies Order

On April 8, 2024, the U.S. Court of Appeals for the Eight Circuit, in United Food & Com. Workers’ Union, Loc. No. 293 v. Noah’s Ark Processors, LLC, No. 23-1895 (8th Cir. 2024), upheld the National Labor Relations Board’s...more

Jackson Lewis P.C.

Seventh Circuit Orders Pension Fund to Return Withdrawal Liability to Employer

Jackson Lewis P.C. on

An employer can contest a withdrawal liability assessment and ultimately prevail. That is the moral of Bulk Transport Corp. v. Teamsters Union No. 142 Pension Fund, No. 23-1563 (7th Cir. Mar. 22, 2024). Withdrawal...more

Dorsey & Whitney LLP

The Supreme Court Update - January 18, 2024

Dorsey & Whitney LLP on

On Friday, January 12, the Supreme Court of the United States granted certiorari in five cases: Smith v. Spizzirri, No. 22-1218: This case involves the interpretation of Section 3 of the Federal Arbitration Act (“FAA”),...more

Littler

Littler Lightbulb – June Employment Appellate Roundup

Littler on

This Littler Lightbulb highlights some of the more significant employment law developments at the U.S. Supreme Court and federal courts of appeal in the last month. At the Supreme Court...more

Jackson Lewis P.C.

Top Five Labor Law Developments for March 2022

Jackson Lewis P.C. on

1. Major League Baseball and the players’ union reached agreement on a collective bargaining agreement, ending the lockout. After a nearly 100-day lockout, MLB and the Major League Baseball Players Association reached a deal...more

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

Beltway Buzz - February 2022 #2

In a rare moment of bipartisanship - particularly in the labor and employment policy sphere - the U.S. Congress this week passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021. The bill...more

Ballard Spahr LLP

A trio of House bills take aim at Epic Systems

Ballard Spahr LLP on

The U.S. House of Representatives has fired another salvo against class and collective action waivers in employment agreements. The recently passed Build Back Better Act (BBB Act) would amend the National Labor Relations Act...more

Jackson Lewis P.C.

Build Back Better Act Threatens Class and Collective Action Waivers

Jackson Lewis P.C. on

The U.S. House of Representatives on November 19, 2021, passed the Build Back Better Act (H.R. 5376), ambitious climate protection/social spending legislation that now awaits deliberation in the Senate. Tucked inside the...more

Akin Gump Strauss Hauer & Feld LLP

Post-Epic Systems Challenges to Iskanian Are Going Nowhere

In the landmark case of Iskanian v. CLS Transportation Los Angeles, LLC, 59 Cal. 4th 348 (2014), the California Supreme Court held that an arbitration agreement purporting to waive the right to bring a representative action...more

Fisher Phillips

The Top 18 Workplace Law Stories from September 2021

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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

Jackson Lewis P.C.

In The Crosshairs: U.S. Congress Again Takes Aim At Arbitration Agreements In Employment Context

Jackson Lewis P.C. on

In the U.S. Congress’ latest proposal to strike against arbitration, Judiciary Committee Chairman Jerrold Nadler and Labor Committee Chairman Robert C. “Bobby” Scott introduced the Restoring Justice for Workers Act. The...more

Parker Poe Adams & Bernstein LLP

U.S. House Considers Limiting Mandatory Arbitration Agreements

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

Snell & Wilmer

Checking In On The PRO Act

Snell & Wilmer on

As we previously reported, the Protecting the Right to Organize (“PRO”) Act is pending before Congress. With the Pro Act, House and Senate Democrats seek to amend the National Labor Relations Act. Some of the most...more

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

The Practical NLRB Advisor: Summer 2021

On the eve of his election, President Joe Biden promised to “be the most pro-union president you’ve ever seen.” True to his word, his administration has thus far granted organized labor’s every ask. Only 23 minutes into his...more

Jackson Lewis P.C.

Top Five Labor Law Developments For May 2021

Jackson Lewis P.C. on

President Joe Biden has nominated union-side attorney Gwynne Wilcox to fill a vacant seat on the National Labor Relations Board (NLRB). Wilcox is a partner at the union-side labor and employment firm Levy Ratner P.C. Among...more

Proskauer - Minding Your Business

Uber Can’t Compel Arbitration of PAGA Claim According to California Court

On April 21, 2021, the Second Appellate District of the Court of Appeal of the State of California filed an unpublished opinion rejecting Uber’s attempt to enforce an arbitration provision that waived an employee’s right to...more

Epstein Becker & Green

NLRB Holds Arbitration Agreements Can Remain Confidential—for Now

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

Seyfarth Shaw LLP

McFerran Dissent Portends a Change in NLRB’s View of Confidentiality Provisions in Arbitration Agreements

Seyfarth Shaw LLP on

As the National Labor Relations Board transitions from a Republican-majority to a Democrat-majority, the Board’s sole Democrat, Chairman McFerran, continues to provide a window into what the future is likely to look like...more

Proskauer - Labor Relations Update

Requiring Employees to Maintain the Confidentiality of Arbitration Proceedings Held to be Lawful Under the NLRA…For Now

In a recent decision by the NLRB, the Board upheld the lawfulness, in part, of an arbitration agreement that required employees to maintain the confidentiality of the arbitration proceedings, including the discovery process...more

Constangy, Brooks, Smith & Prophete, LLP

The Cons Of The PRO Act

The Protecting the Right to Organize Act of 2021 (also known as the “PRO Act”) is back with its laundry list of organized labor’s most-wanted government handouts. After decades of declining membership, unions see the PRO Act...more

ArentFox Schiff

What Can Employers Expect From the Biden Administration?

ArentFox Schiff on

In brief: A sharp pivot toward employee- and union-friendly executive actions and legislation. Here’s what we mean. Executive Order 13950 - As we’ve reported, President Biden Revokes Executive Order 13950 | Arent Fox,...more

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