News & Analysis as of

The National Labor Relations Act › Ernst & Young

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 -
Ervin Cohen & Jessup LLP

Great News for Employers: U.S. Supreme Court Upholds Arbitration Class Action Waivers

Ervin Cohen & Jessup LLP on

On Monday, May 21, 2018, in a 5-4 opinion, the United States Supreme Court issued a long-awaited decision in the case, Epic Systems Corp. v. Lewis, on the issue of the enforceability of class action waivers in arbitration...more

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

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

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

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

Baker Donelson

Supreme Court Appears Split on Class Action Waivers in Employee Arbitration Agreements

Baker Donelson on

On Monday, October 2, 2017, the U.S. Supreme Court heard oral argument in three cases involving the enforceability of employee arbitration agreements that include class/collective action waivers. Since January when the...more

K&L Gates LLP

The Supreme Court Hears Argument to Decide Whether Class-Action Waivers in Employment Arbitration Agreements Are Enforceable

K&L Gates LLP on

Employers that have class- or collective-action waivers in their employee arbitration agreements (or are contemplating implementing them) need not wait much longer for the U.S. Supreme Court to decide whether such waivers are...more

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

Future of Class Action Waivers: The Supreme Court Hears Oral Argument

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

On October 2, 2017, the Supreme Court of the United States heard oral argument in three consolidated cases that will decide the future of class action waivers in the employment context. These cases—National Labor Relations...more

Jackson Lewis P.C.

Supreme Court Hears Argument On Validity Of Class Action Waivers In Employment Arbitration Agreements

Jackson Lewis P.C. on

The United States Supreme Court heard a one-hour consolidated oral argument in three arbitration cases involving the intersection of the National Labor Relations Act and the Federal Arbitration Act on October 2, 2017. Epic...more

Jackson Lewis P.C.

Class Action Waiver In Employment Arbitration Agreement Is Unenforceable, Court Rules

Jackson Lewis P.C. on

A class action waiver in an arbitration agreement is unenforceable under the National Labor Relations Act, Judge Gonzalo P. Curiel has ruled. Neal Pataky et al. v. The Brigantine, Inc., No. 3:17-cv-00352 (S.D. Cal. May 3,...more

Baker Donelson

Will the Supreme Court Rein In Employee Class Actions?

Baker Donelson on

Three cases involving the enforceability of class/collective action waivers in arbitration agreements are headed to the U.S. Supreme Court. In this piece, we look at the facts of those cases, which will be consolidated for...more

Carlton Fields

Are Class Action Waivers Enforceable?

Carlton Fields on

The Supreme Court granted petitions for certiorari in three lawsuits challenging the legality of arbitration agreements that bar workers from pursuing class actions. The Court consolidated the cases, Murphy Oil USA Inc., Epic...more

Carlton Fields

Worth the Wait?: SCOTUS to Hear Argument on Enforceability of Class Action Waivers in Employment Contracts in 2017 Term

Carlton Fields on

As we previously reported, the Supreme Court granted petitions for certiorari in three lawsuits challenging the legality of arbitration agreements that bar workers from pursuing class actions. The Court consolidated the...more

K&L Gates LLP

Arbitration Is Back on the Docket: The Supreme Court to Review the Enforceability of Class Action Waivers in Employment...

K&L Gates LLP on

The United States Supreme Court recently granted certiorari in a trio of cases—Epic Systems Corp. v. Lewis, No. 16-285; Ernst & Young LLP v. Morris, No. 16-300; and NLRB v. Murphy Oil USA Inc., No. 16-307—to decide on a...more

Conn Maciel Carey LLP

U.S. Supreme Court to Decide Validity of Class Action Waivers

Conn Maciel Carey LLP on

The U.S. Supreme Court has agreed to review the validity of class action waiver clauses in employment arbitration agreements to resolve a conflict among the federal appellate courts. As our firm has explained in prior blog...more

Sheppard Mullin Richter & Hampton LLP

U.S. Supreme Court to Decide Class Action Waiver Divide

Sheppard Mullin Richter & Hampton LLP on

On January 13, 2017, the United States Supreme Court consolidated and granted review of the three following cases involving the legality of arbitration agreements which contain class action waivers: National Labor Relations...more

Carlton Fields

Supreme Court Grants Certiorari In Three Class Arbitration Waiver Cases Amidst Developing Federal Circuit Split

Carlton Fields on

The Supreme Court will hear argument on whether arbitration provisions in employment agreements which waive class actions are a violation of the National Labor Relations Act (“NLRA”). The three cases are as follows...more

Robinson+Cole Class Actions Insider

Supreme Court to Hear Class Action Cases Involving Class Action Waivers and Tolling of Statutes of Limitations

Robinson+Cole Class Actions Insider on

The U.S. Supreme Court recently granted certiorari in class action cases involving: (1) class action waivers in employment contracts; and (2) whether filing of a securities class action tolled a statute of repose. In both...more

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

Fisher Phillips

Supreme Court Agrees To Wade Into Class Waiver Conflict

Fisher Phillips on

In a widely expected move, the U.S. Supreme Court just agreed to settle a dispute about whether employers can use mandatory class action waivers with their workers. The decision, which should be issued by June 2017, will...more

Weintraub Tobin

Don’t Throw Out Your Class-Action Waivers Just Yet

Weintraub Tobin on

The United States Supreme Court decided last week to resolve a split in the lower courts as to whether the National Labor Relations Act (“Act”) preempts class-action waiver clauses in arbitration agreements with their...more

Locke Lord LLP

Supreme Court to Decide Legality of Class Action and Collective Action Waivers

Locke Lord LLP on

On January 13, 2017, the Supreme Court agreed to consider whether employee arbitration agreements containing class/collective action waivers are unlawful and unenforceable. The Court’s decision to consider this issue portends...more

BakerHostetler

Justices to Consider Arbitration Agreements With Class Waivers – The End of the Beginning?

BakerHostetler on

Apologies to Winston Churchill, but the conflict over the enforcement of arbitration agreements with class waivers has become an ongoing legal and ideological struggle. Some view individual arbitration as a quicker and less...more

Sherman & Howard L.L.C.

SCOTUS To Decide Class Action Waivers

Sherman & Howard L.L.C. on

The Supreme Court has agreed to resolve the simmering dispute between the NLRB and (essentially all) employers over class action waivers. The NLRB has maintained in a number of cases that employers may not enforce arbitration...more

Benesch

Supreme Court to Address Class Action Waivers Amid Circuit Split

Benesch on

On January 13, 2017, the United States Supreme Court granted review to address the legality of class action waivers in arbitration agreements among employers and employees. The case, NLRB v. Murphy Oil USA, Inc., U.S., No....more

Dorsey & Whitney LLP

U.S. Supreme Court Grants Certiorari To Evaluate Class Waivers Under the National Labor Relations Act

Dorsey & Whitney LLP on

The U.S. Supreme Court decided today to consider related cases addressing whether arbitration agreements containing class action waivers violate employee rights under the National Labor Relations Act (“NLRA”). The...more

Jackson Lewis P.C.

United States Supreme Court Agrees to Review Class Action Waiver Cases

Jackson Lewis P.C. on

Earlier today, the United States Supreme Court granted certiorari in National Labor Relations Board v. Murphy Oil USA, Case No. 16-307, Epic Systems Corp. v. Lewis, Case No. 16-285 and Ernst & Young LLP v. Morris, Case No....more

Pierce Atwood LLP

Supreme Court Will Hear Class Action Waiver Cases

Pierce Atwood LLP on

Last week, the Supreme Court consolidated and agreed to hear three appeals of Circuit Court decisions concerning whether class action waivers contained in employment arbitration agreements infringe on employees’ rights under...more

52 Results
 / 
View per page
Page: of 3
Next »

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide