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The National Labor Relations Act › Arbitration Agreements › Epic Systems Corp v Lewis

The National Labor Relations Act is a United States federal statute enacted in 1935 to prevent labor strife by encouraging collective bargaining, protecting concerted activity and curtailing certain unfair labor... more +
The National Labor Relations Act is a United States federal statute enacted in 1935 to prevent labor strife by encouraging collective bargaining, protecting concerted activity and curtailing certain unfair labor practices by private sector managament and labor.  less -
Jackson Lewis P.C.

Top Five Labor Law Developments for February 2022

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1. The National Labor Relations Board (NLRB) General Counsel directed NLRB regions to seek preemptive injunctions for alleged unlawful threats during union campaigns. NLRB General Counsel Jennifer Abruzzo issued a memorandum...more

Benesch

Is the end near? Supreme Court set to rule on whether California’s PAGA law runs afoul of the Federal Arbitration Act

Benesch on

Generally, the Federal Arbitration Act (“FAA”) has routinely been enforced by the balance of the nation’s courts over the years, as it codifies accepted deference to parties’ contracts and agreements and has been held to...more

Parker Poe Adams & Bernstein LLP

U.S. House Considers Limiting Mandatory Arbitration Agreements

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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

Epstein Becker & Green

NLRB Holds Arbitration Agreements Can Remain Confidential—for Now

Epstein Becker & Green on

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

Vinson & Elkins LLP

Back From The Dead – Protecting The Right To Organize Act Reintroduced In The House

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On February 4, 2021, the Protecting the Right to Organize Act (the “PRO Act”) was reintroduced by Democrats in the United States House of Representatives. If enacted, the PRO Act would dramatically transform American labor...more

Proskauer - Labor Relations Update

NLRB Gives Green Light to Confidentiality Provisions in Individual Arbitration Agreements

Proskauer - Labor Relations Update on

In many private arbitration agreements entered into in the non-union context, employers and employees agree that the proceedings shall remain confidential. On June 19, 2020, the Board addressed whether a confidentiality...more

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

The Practical NLRB Advisor: Winter 2020

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

Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the winter 2020 issue of the Practical NLRB Advisor. This special double issue offers readers a thorough year in review of...more

Parker Poe Adams & Bernstein LLP

NLRB Says Arbitration Agreement Must Specifically Exclude Claims Filed With NLRA

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In its decision last term in Epic Systems Corp. V. Lewis, the U.S. Supreme Court concluded that the National Labor Relations Act does not preclude the use of mandatory arbitration agreements in employment which prevent class...more

Faegre Drinker Biddle & Reath LLP

NLRB Offers Employers Guidance on Imposing Class Action Waivers After Being Sued

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On August 14, 2019, the National Labor Relations Board (NLRB) issued a decision in Cordua Restaurants, Inc., 368 NLRB No. 43, expanding upon the U.S. Supreme Court’s Epic Systems v. Lewis ruling last year regarding collective...more

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

NLRB Clarifies Use of Mandatory Arbitration Post-Epic Systems

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On August 14, 2019, the National Labor Relations Board (NLRB) issued a ruling clarifying several mandatory arbitration issues following the 2018 decision by the Supreme Court of the United States in Epic Systems Corp. v....more

Snell & Wilmer

The Trend to Adopt Mandatory Employment Arbitration Programs

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In recent years, many private sector employers have adopted mandatory arbitration programs for employment disputes, which their employees are required to sign as a condition of employment. Main objectives of those programs...more

Franczek P.C.

NLRB Clarifies Employer Right to Require Mandatory Arbitration Agreements Following Supreme Court’s Epic Systems Decision

Franczek P.C. on

In a significant decision for employers, the National Labor Relations Board (NLRB) provided new guidance addressing the intersection of arbitration agreements and the National Labor Relations Act (NLRA). The NLRB’s recent...more

Hinshaw & Culbertson LLP

NLRB Serves Up Guidance for Restaurants on Mandatory Arbitration Agreements in Post-Epic Systems Era

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The National Labor Relations Board (NLRB) recently provided guidance in Cordúa Restaurants, Inc., 368 NLRB No. 43, for employers seeking to require employees to sign class action and collective action waivers in arbitration...more

Ballard Spahr LLP

NLRB: Employers Can Revamp Arbitration Agreements in Response to Collective or Class Action Suits

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The Supreme Court held last year in Epic Systems v. Lewis that mandatory arbitration agreements requiring employees to arbitrate claims against their employer on an individual—rather than on a class or collective—basis are...more

ArentFox Schiff

The National Labor Relations Board Issues Employer-friendly Arbitration Ruling

ArentFox Schiff on

In its groundbreaking decision in Epic Systems Corp. v. Lewis, 584 US ___, 138 S. Ct. 1612 (2018), the Supreme Court held that the National Labor Relations Act permits employer/employee agreements that contain class- and...more

Jackson Lewis P.C.

Supreme Court’s Epic Systems Decision On Arbitration Interpreted Broadly By Labor Board

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An employer may lawfully issue to its employees a new or revised mandatory arbitration agreement containing a class- and collective-action waiver specifying that employment disputes are to be resolved by individualized...more

Fox Rothschild LLP

NLRB Rejects Clause Mandating Arbitration Of All Disputes

Fox Rothschild LLP on

The National Labor Relations Board recently invalidated an arbitration agreement that would require employees to arbitrate all “all claims or controversies” with their employer, holding that such a provision would unlawfully...more

Proskauer - Labor Relations Update

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

Proskauer - Labor Relations Update on

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

Kelley Drye & Warren LLP

NLRB: Employers Win When Their Employees Can’t “Opt-In”

Kelley Drye & Warren LLP on

In the first post-Epic Systems decision regarding arbitration agreements, the NLRB has underscored just how pro-arbitration courts and regulators have become. In Cordúa Restaurants, the Board put its stamp of approval on...more

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

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

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

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

Carlton Fields

Considerations for Use of Arbitration Agreements to Curtail Class Claims

Carlton Fields on

May 21, 2019, marks the one-year anniversary of the U.S. Supreme Court’s decision in Epic Systems Corp. v. Lewis, which upheld the use of class action waivers in employee arbitration agreements....more

Jackson Lewis P.C.

Labor Board Revisits Arbitration Agreements After Supreme Court’s ‘Epic’ Decision

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Arbitration agreements that could be reasonably construed to prohibit filing of unfair labor practice charges with the National Labor Relations Board (NLRB) are unlawful under the National Labor Relations Act (NLRA), the NLRB...more

Littler

Board Upholds Enforcement of Pre-Hire Arbitration Agreement

Littler on

The alternative dispute resolution landscape continues to evolve for employers with unionized workforces. Anheuser-Busch, LCC, 367 NLRB 123 (May 22, 2019), is the National Labor Relations Board’s (NLRB) latest decision on the...more

Partridge Snow & Hahn LLP

One Epic Year Later: Have You Implemented A Mandatory Arbitration Agreement Yet?

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A year ago, the United States Supreme Court issued its seminal decision in Epic Systems v. Lewis, which confirmed that employers may use mandatory individual arbitration agreements without fear of the National Labor Relations...more

Epiq

Supreme Court Limits Individual Arbitration Agreement Enforcement

Epiq on

When an employee signs an individual arbitration agreement, they agree to go through arbitration as opposed to filing a lawsuit if a legal issue arises in the workplace. As one can imagine, these agreements are regularly the...more

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