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The National Labor Relations Act › Collective Action Waivers

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 -
Parker Poe Adams & Bernstein LLP

U.S. House Considers Limiting Mandatory Arbitration Agreements

Parker Poe Adams & Bernstein LLP on

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

Jackson Lewis P.C.

Just As With The NLRA, The FLSA Does Not Preclude Collective Action Waivers In Arbitration Agreements, Sixth Circuit Holds

Jackson Lewis P.C. on

In a natural extension of the Supreme Court’s recent conclusion that the NLRA does not preclude the use of class or collective action waivers in employment-related arbitration agreements, the Sixth Circuit Court of Appeals...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

Moore & Van Allen PLLC

Broadening Split on Viability of Class Waivers in Employment Arbitration Agreements Invites SCOTUS

Moore & Van Allen PLLC on

In the years following the U.S. Supreme Court’s AT&T Mobility v. Concepcion decision, more and more courts enforced class waivers in arbitration agreements based on the commands of the Federal Arbitration Act (FAA). The...more

McGuireWoods LLP

Will Collective Arbitration Waivers Land in the Supreme Court Again?

McGuireWoods LLP on

The long-running battle over collective action waivers in the arbitration clauses of employment agreements continues to rage in the Courts of Appeals. Two recent decisions (and the cert petitions filed in their wake) may...more

Fenwick & West LLP

Employment Alert: Ninth Circuit Nixes Employee Class and Collective Action Waivers, Calling into Question Future Viability of...

Fenwick & West LLP on

Mandatory employment arbitration agreements suffered a significant blow last week, when the U.S. Court of Appeals for the Ninth Circuit (covering California, Washington, and other western states) found illegal and...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

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

Seventh Circuit Voids Employee Promises to Not Pursue Wage and Hour Claims as Members of a Class or Collective Action

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

Many employers will be surprised to learn that, under some circumstances, the National Labor Relations Act (NLRA) may regulate their ability to enter into certain contractual agreements with employees. The decision of the...more

Zelle LLP

Employment Law Navigator – Week in Review: June 2016

Zelle LLP on

Last week, Kris Dunn of Fist Full of Talent offered some sage advice about sexual harassment training. He recommended using real world examples and creating debate about what is and isn’t sexual harassment. This advice was...more

Mintz - Employment Viewpoints

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

Mintz - Employment Viewpoints on

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

Sheppard Mullin Richter & Hampton LLP

Eastern and Southern District Courts Compel Plaintiffs to Arbitrate their FLSA Collective Action Claims on an Individualized Basis

Sheppard Mullin Richter & Hampton LLP on

In February, two New York Federal District Court decisions joined other recent federal cases in enforcing arbitration agreements that preclude employees from bringing their Fair Labor Standards Act (“FLSA”) claims on a...more

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