NLRA, Corporate Counsel, Class Action

Be Careful What You Wish For: DoorDash Must Arbitrate Thousands of Wage Claims

Zuckerman Spaeder LLP on 2/24/2020

Many employers strongly prefer arbitration to litigating with their employees in court. Employers often believe—and the Supreme Court has agreed—that arbitration of employment disputes has many benefits, including potential...more

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

Ballard Spahr LLP on 8/25/2019

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

Considerations for Use of Arbitration Agreements to Curtail Class Claims

Carlton Fields on 7/23/2019

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

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

Fisher Phillips on 9/26/2018

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

April and May 2018 Independent Contractor Misclassification and Compliance News Update

Locke Lord LLP on 6/11/2018

The past two months were momentous for many companies that engage independent contractors in California to supplement their workforce or to interact with their customers. This applies not only to businesses based in...more

Supreme Court Issues Pro-Employer Ruling on Class Action Waiver Issue

Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/21/2018

On May 21, 2018, the Supreme Court of the United States settled the contentious class action waiver issue that has riled courts for the past six years. In a 5-4 opinion, the Court upheld class action waivers in arbitration...more

2017-18 Supreme Court Update

Skadden, Arps, Slate, Meagher & Flom LLP on 1/29/2018

In the 2017-18 term, the U.S. Supreme Court will decide a number of potentially significant disputes relevant to businesses, including those involving constitutional protections, class actions and other corporate liability...more

Ninth Circuit Snubs Stolt-Nielsen, Holds Generic Employee Arbitration Agreement Permits Class-wide Arbitration

Carlton Fields on 11/8/2017

After an employer allegedly released personally identifiable information of its employees as the result of a phishing scam, plaintiff employee filed a putative class action lawsuit, alleging claims including negligence,...more

Class Waivers at the Divided Supreme Court: Employers Cautiously Optimistic

Seyfarth Shaw LLP on 10/4/2017

Seyfarth Synopsis: Following oral argument, employers should be cautiously optimistic that the Supreme Court will allow mandatory arbitration programs containing waivers of the ability to bring collective and class actions....more

Top SCOTUS Cases Tech Companies Should Watch – Fall 2017 Preview

Fenwick & West LLP on 10/2/2017

The upcoming U.S. Supreme Court term promises to be a big one, featuring a patent case that could be a game changer for many clients and a host of other cases that may affect how tech and life sciences companies deal with...more

Could Barring Former Employees From Your Premises Lead To A Lawsuit?

Fisher Phillips on 9/8/2017

Hospitality employers open to the general public should be aware of a recent decision by the National Labor Relations Board (NLRB) with implications across the industry. In a 2-to-1 decision, the NLRB ruled that a hotel and...more

Highlights From DRI Class Action Seminar 2017 – Day Two

Robinson+Cole Class Actions Insider on 8/3/2017

Here are my highlights from the second day of DRI’s 2017 Class Action Seminar: Class Action Waivers in Employment Agreements (Neal Katyal of Hogan Lovells) - Neal Katyal is a leading Supreme Court advocate and is litigating...more

Arbitrator Must Rule on Independent Contractor Status of Uber Drivers in Class-Action Notwithstanding NLRA Bar to Class Action...

Franczek P.C. on 7/25/2017

Last week, a U.S. District Court Judge in Illinois ruled that an arbitration agreement signed by an Uber driver required arbitration on the issue of whether Uber drivers are employees or independent contractors before the...more

Sixth Circuit Adds to Circuit Split About the Enforceability of Class and Collective Action Waivers in Employment Arbitration...

BakerHostetler on 6/7/2017

The Sixth Circuit just became the third federal court of appeals to hold that an arbitration provision requiring employees covered by the National Labor Relations Act (NLRA) to arbitrate individually all employment-related...more

45 Ways in 100 Days: The Projected Impact of the Trump Administration on Today’s Workplace

Jackson Lewis P.C. on 4/28/2017

April 29, 2017, marks the 100th day of Donald Trump as the 45th President of the United States. He has proven he is not a traditional conservative Republican, and many in the business community are still wondering about the...more

March 2017 Independent Contractor Misclassification and Compliance News Update

Troutman Pepper on 4/3/2017

The past month included significant state and federal appellate court decisions, large settlements of IC misclassification class actions, class and collective action certifications, and two IC misclassification class actions...more

NLRB's General Counsel Issues Memo on Arbitration Issue Pending at Supreme Court

Littler on 2/6/2017

As a result of the Supreme Court’s recent decision to grant certiorari and address the dispute over whether class and collective action waivers are lawful in an arbitration agreement, many employers have asked whether similar...more

January 2017 Independent Contractor Misclassification and Compliance News Update

Troutman Pepper on 2/6/2017

January was a busy month for independent contractor misclassification – and IC compliance. In addition to Lowe’s $2.85 million settlement with installers whom it classified as ICs, Lufthansa agreed to pay $1.1 million in...more

The Gorsuch Nomination: The Return of the Business Friendly Court?

Orrick, Herrington & Sutcliffe LLP on 2/6/2017

Assuming Judge Gorsuch's confirmation, the Court will add a Justice with extensive commercial litigation experience, a particular expertise in antitrust and securities law, and a track record on the bench that demonstrates a...more

Supreme Court Agrees to Hear Cases Attacking Arbitration Agreements With Class Action Waivers

PilieroMazza PLLC on 1/17/2017

On Friday, January 13, 2017, the Supreme Court agreed to consider arguments over whether employer arbitration policies that prohibit employees from filing class or collective actions are violative of the National Labor...more

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

Littler on 1/16/2017

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

December 2016 Independent Contractor Misclassification and Compliance News Update

Troutman Pepper on 1/10/2017

In our update for last month’s developments in this area of the law, we report on five significant court cases involving companies in the transportation industry that use ICs as an integral part of their business model. Each...more

Class Action Waivers in Employment Arbitration Agreements? Not as 'Fresh & Easy' as You Think

Williams Mullen on 12/1/2016

Many companies require their employees to sign employment agreements in which the employees agree that any claims they have against the company, including class action claims, will be decided only through private arbitration...more

Where Are We With the Enforceability of Class Action Waivers in Arbitration Agreements?

Mintz - Employment Viewpoints on 11/21/2016

With the 9th Circuit’s late summer anti-class action waiver decision, the circuit split widened over the issue of whether employers can require employees, through an arbitration agreement, to waive their rights to bring class...more

The NLRB Continues To Go After Non-Union Employers in Industries it Has Historically Not Targeted

Seyfarth Shaw LLP on 11/1/2016

Seyfarth Summary: The relevance of the National Labor Relations Act to industries and business sectors that have not traditionally had to deal with its implications – such as hedge funds. The New York Times recently...more

The National Labor Relations Act › Corporate Counsel › Class Action

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