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Class Action Arbitration Waivers The National Labor Relations Act Appeals

Holland & Knight LLP

Ninth Circuit Decisions Overrule 35-Year Precedent in ERISA Arbitration Disputes

Holland & Knight LLP on

In a pair of opinions issued on Aug. 20, 2019, the U.S. Court of Appeals for the Ninth Circuit expressly overruled its 35-year precedent that Employee Retirement Income Security Act (ERISA) disputes were not arbitrable. The...more

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

Fifth Circuit Rules that Courts, Not Arbitrators, Decide “Gateway Issue” of Class Arbitrability

In 20/20 Communications, Inc. v. Crawford, the U.S. Court of Appeals for the Fifth Circuit recently ruled that the question of whether a dispute can be arbitrated on a class-wide basis is a threshold issue that is...more

Benesch

California Court Distinguishes U.S. Supreme Court Ruling Reaffirms PAGA Claims Are Not Subject To Mandatory Arbitration/N.J....

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Last month, a California Court of Appeal reaffirmed that California’s Private Attorney General Act (“PAGA”) is outside the scope of the Federal Arbitration Act (“FAA”) and the Supreme Court’s 2018 opinion in Epic Systems v....more

Payne & Fears

Employment Law Developments and Trends in 2018 for Nevada Employers

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Employment law is a dynamic practice area in which new law develops each year. Last year was no exception. This article, originally published in Nevada Lawyer by Matthew L. Durham and Chad D. Olsen, discusses notable...more

Jackson Walker

2018 Employment and Labor Law Update: The Year of #MeToo (Presentation)

Jackson Walker on

Gary Fowler and John Jansonius presented "2018 Employment and Labor Law Update: The Year of #MeToo" at the 20th annual Labor & Employment Law Symposium on Oct. 11, 2018 at the Westin Galleria Hotel....more

Payne & Fears

Ninth Circuit Reverses Grant of Class Certification and Denial of Motions to Compel Arbitration in Several Uber Class Actions

Payne & Fears on

In a major victory for ride-share company Uber Technologies, Inc. ("Uber"), the United States Court of Appeals for the Ninth Circuit issued its much anticipated opinion in O'Connor v. Uber Technologies, Inc., Case No....more

Fisher Phillips

Epic Ruling Gets 2 Sequels: Court Applies New SCOTUS Standard To Wage And Misclassification Claims

Fisher Phillips on

On the heels of the Supreme Court’s decision earlier this year in Epic Systems Corporation v. Lewis, which held that the National Labor Relations Act (NLRA) does not bar class or collective action waivers in arbitration...more

Fisher Phillips

Other Shoe Drops: Court Hands Uber Massive Class Action Win After SCOTUS Victory

Fisher Phillips on

It was just a matter of time. After the Supreme Court cleared the way for businesses to use class waivers with their employees and contractors with the Epic Systems ruling this past May, many observers expected that the...more

Fisher Phillips

The Epic Sequel: Federal Appeals Court Extends Class Waiver Victory To Wage Claims

Fisher Phillips on

On the heels of the Supreme Court's decision in Epic Systems Corporation v. Lewis, which held that the National Labor Relations Act (NLRA) does not bar class or collective action waivers in arbitration agreements, the 6th...more

Fisher Phillips

Web Exclusive - High Court’s Arbitration Ruling Provides Sigh Of Relief For Healthcare Employers

Fisher Phillips on

A few months ago, the Supreme Court ruled in a 5-to-4 decision that class action waivers in employment arbitration agreements do not violate the National Labor Relations Act and are, in fact, fully enforceable. The decision...more

Fisher Phillips

Web Exclusive - June 2018: The Top 18 Labor And Employment Law Stories

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

Fisher Phillips

Web Exclusive - May 2018: The Top 14 Labor And Employment Law Stories

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

Payne & Fears

Key California Employment Law Cases: September 2017

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This month’s key California employment law cases involve wage and hour issues, arbitration, and employment discrimination based on marital status....more

Fisher Phillips

Court Presses Pause On Uber Misclassification Cases, Awaiting SCOTUS Ruling On Class Waivers

Fisher Phillips on

The 9th Circuit Court of Appeals recently placed a temporary halt on the ongoing misclassification litigation against Uber, pointing out that it would make sense to wait for a key Supreme Court decision before proceeding...more

Fisher Phillips

Upcoming SCOTUS Term Promises To Be A Blockbuster

Fisher Phillips on

If you are the kind of person who gets excited by hot-button legal topics and monumental court decisions, this is the Supreme Court term for you. The SCOTUS kicked off their 2017-2018 term several days ago by hearing...more

Mintz - Employment Viewpoints

New York Appeals Court Holds Class Action Waivers Violate the NLRA While Employers Await Definitive Ruling From Supreme Court

The Supreme Court is set to hear oral argument in October on whether class and collective action waivers are enforceable. While employers await the Supreme Court’s decision, other courts continue to weigh in on the matter....more

Troutman Pepper

February 2017 Independent Contractor Misclassification and Compliance News Update

Troutman Pepper on

Four of the eight court cases we report on below in our February 2017 monthly update of IC misclassification cases involve Uber, and each of those cases were victories for the ride-sharing, on-demand company. Although none of...more

Proskauer - Minding Your Business

Recent Decisions Clarify (Un)Enforceability of Class Action Waivers in Employment Agreements

Companies looking to waive class action rights of employees may instead be waving goodbye to provisions in their employment contracts. Two recent decisions in California—one administrative and one in the 9th Circuit—recently...more

Greenberg Glusker LLP

Recent Cases Signal Shifting Tides in Employment Arbitration

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Many employers enter into arbitration agreements with their employees to expedite resolution and mitigate the risk of jury trials. For the most part, a proper arbitration agreement would have the effect of requiring both the...more

Perkins Coie

Ninth Circuit Addresses Employee Arbitration Agreements

Perkins Coie on

In Morris v. Ernst & Young, LLP, the U.S. Court of Appeals for the Ninth Circuit recently reviewed an arbitration agreement that required employees “as a condition of employment” “to sign agreements not to join with other...more

Carlton Fields

Adding to Circuit Split, Divided Ninth Circuit Finds Concerted Action Waiver in Ernst & Young’s Employment Agreement Unenforceable...

Carlton Fields on

Ernst & Young’s (“E&Y”) employment agreements contained “separate proceedings” and arbitration provisions, which together required that disputes be resolved individually through arbitration, rather than collectively through...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

FordHarrison

Ninth Circuit, California Appellate Court Take Aim at Arbitration Agreements

FordHarrison on

The Ninth Circuit and the California Court of Appeal have each issued decisions that may fundamentally affect how employers deal with arbitration agreements in the future. In Morris v. Ernst & Young, the Ninth Circuit held...more

Ballard Spahr LLP

Ninth Circuit Sides with NLRB in Divide over Employee Arbitration Waiver Agreements

Ballard Spahr LLP on

The U.S. Court of Appeals for the Ninth Circuit announced this week that it agrees with the National Labor Relations Board that individual arbitration waiver agreements, which prevent employees from filing or participating in...more

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