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Employment Contract › Ernst & Young

Lathrop GPM

U.S. Supreme Court Agrees to Decide Fate of Class-Action Waivers

Lathrop GPM on

As many employers may remember, on August, 22, 2016, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit found that class-action waivers in mandatory employee arbitration agreements were unlawful, holding...more

Littler

Supreme Court Will Review Three Cases Involving the Lawfulness of Class and Collective Action Waivers

Littler on

On January 13, 2017, the U.S. Supreme Court granted certiorari in three cases involving the lawfulness of class and collective action waivers in arbitration agreements. Since the National Labor Relations Board’s 2012...more

Carlton Fields

SCOTUS to Determine Enforceability of Class Action Waivers in Employment Contract Arbitration Clauses

Carlton Fields on

The United States Supreme Court granted and consolidated three petitions for certiorari related to the validity of class action waiver clauses in employer/employee arbitration agreements. The Court has consolidated the...more

Lathrop GPM

Ninth Circuit Invalidates Class Action Waivers in Mandatory Arbitration Agreements

Lathrop GPM on

At the end of 2015, Governor Jerry Brown vetoed AB 465, which would have banned mandatory arbitration agreements in the employment setting, including arbitration agreements with class action waivers. As many employers know,...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

Dorsey & Whitney LLP

Ninth Circuit Holds that Employees’ Waiver of All Forums for Class or Collective Action Violates NLRA

Dorsey & Whitney LLP on

Employers who require employees to sign arbitration agreements as a condition of employment should take care: A split is developing among the federal appellate courts regarding the enforceability of so-called “concerted...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

Fox Rothschild LLP

Judicial Hostility to Employment Arbitration Flares up in 9th Circuit

Fox Rothschild LLP on

When you draft employment arbitration agreements, it’s not enough to know what the law is. You should also know what the law will be at the time that someone challenges the agreement. Since this area of law changes...more

Mintz - Employment, Labor & Benefits...

Surprise! You Get to Arbitrate! Massachusetts Courts Continue to Permit Third Parties to Enforce Arbitration Agreements

Mintz - Employment, Labor & Benefits... on

Two Massachusetts decisions—including one from the state’s highest court—applied the same standard regarding enforcement of an agreement to arbitrate. In each case, plaintiffs signed arbitration agreements with another...more

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