NLRA, Federal Arbitration Act, Section 7

OFCCP Week In Review: June 2022 #2

DirectEmployers Association on 6/13/2022

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee J. Chambers and Cynthia L. Hackerott. In today’s...more

NLRB Gives Green Light to Confidentiality Provisions in Individual Arbitration Agreements

Proskauer - Labor Relations Update on 6/23/2020

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

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

Faegre Drinker Biddle & Reath LLP on 10/22/2019

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

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

Proskauer - Labor Relations Update on 8/16/2019

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

Employment Law Developments and Trends in 2018 for Nevada Employers

Payne & Fears on 1/11/2019

Employment law is a dynamic practice area in which new law develops each year. Last year was no exception. This article, originally published in Nevada Lawyer by Matthew L. Durham and Chad D. Olsen, discusses notable...more

The Practical NLRB Advisor: Fall 2018

Ogletree, Deakins, Nash, Smoak & Stewart,... on 10/16/2018

Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the fall 2018 issue of the Practical NLRB Advisor. This issue examines the Supreme Court’s decision in Epic Systems Corp....more

Epic Win for Employers on Individual Arbitration Agreements

Jaburg Wilk on 5/30/2018

The U.S. Supreme Court has ruled that employers may require their employees to resolve wage and hour disputes through one-on-one arbitration instead of through class actions. In Epic Systems Corp. v. Lewis, the Supreme Court...more

Supreme Court Rules That Employees Can Waive Class Action Rights Through Arbitration Agreements

Farella Braun + Martel LLP on 5/29/2018

On May 21, 2018, the United States Supreme Court ruled in Epic Systems Corp. v. Lewis that arbitration agreements containing class action waivers are enforceable under the Federal Arbitration Act. 584 U.S. ___ (Dkts. 16-285,...more

Supreme Court Okays Class Action Waivers in Employee Arbitration Agreements

Jackson Walker on 5/24/2018

May a company ask its employees to enter into agreements to arbitrate disputes and that also waive an employee’s ability to bring a class or collective action on behalf of other present or former employees? On May 21, 2018,...more

Supreme Court Upholds Employers’ Use of Class Action Waivers in Arbitration Agreements

Dechert LLP on 5/23/2018

A sharply divided U.S. Supreme Court decided one of the most highly anticipated employment cases in recent years on May 21, 2018, holding in Epic Systems Corporation v. Lewis that the National Labor Relations Act (“NLRA”)...more

Supreme Court: Class Action Waivers In Employment Arbitration Agreements Do Not Violate Federal Labor Law

Jackson Lewis P.C. on 5/22/2018

Class action waivers in employment arbitration agreements are enforceable under the Federal Arbitration Act (FAA), the U.S. Supreme Court has held in a much-anticipated decision in three critical cases. Epic Systems Corp. v....more

Supreme Court Rules Class Action Waivers In Employment Arbitration Agreements Valid

Jackson Lewis P.C. on 5/22/2018

Class action waivers in employment arbitration agreements do not violate federal law, the U.S. Supreme Court has ruled in a much-anticipated decision in three critical cases. Epic Systems Corp. v. Lewis, No. 16-285; Ernst &...more

In major win for employers, Supreme Court rules that they can bar employees from bringing class-action lawsuits

Locke Lord LLP on 5/22/2018

In a massive win for employers across the country, the U.S. Supreme Court has ruled that employers now have the green light to use class action waivers in their employment contracts. Today, the Court held in a 5-4 ruling that...more

Epic Shift: Supreme Court Enforces Class Action Waivers in Arbitration Agreements

Blank Rome LLP on 5/22/2018

The Supreme Court issued a landmark decision on May 21, 2018, which has widespread implications for all employers. In Epic Systems Corp. v. Lewis, a 5-4 opinion written by Justice Gorsuch, the Supreme Court held that...more

Epic News for Employers: Class Action Waivers in Arbitration Agreements are Enforceable

Orrick - Employment Law and Litigation on 5/22/2018

Employers across the country started the work week with some positive and long-awaited news. On Monday, May 21, 2018, the U.S. Supreme Court ruled in a landmark case that employment arbitration agreements with class action...more

Supreme Court Upholds Legality of Class Action Waivers in Arbitration Agreements in the Employment Context

BakerHostetler on 5/22/2018

The controversy surrounding the validity of employment arbitration agreements with class action waivers has been simmering at least since 2012. Now, with the Supreme Court’s decision in Epic Systems Corp. v. Lewis, we have an...more

Oral Arguments Heard by the Supreme Court on Enforceability of Class Action Waivers in Arbitration Agreements

Orrick - Employment Law and Litigation on 11/6/2017

In July, we reported that the Supreme Court scheduled oral arguments to settle the circuit split of whether mandatory class action waivers violate section 7 of the National Labor Relations Act (“NLRA”). Last month, both...more

Convergys Corporation and LogistiCare Solutions, Incorporated v. NLRB – The Fifth Circuit Considers Class and Collective Action...

BakerHostetler on 8/16/2017

The U.S. Court of Appeals for the Fifth Circuit decided two cases considering the impact of the National Labor Relations Act (NLRA) on class or collective action waivers required by companies for their applicants and...more

Digging In Its Heels: Disputing The DOJ’s Position, The NLRB Remains Defiant In Supreme Court Brief That Individual Arbitration...

BakerHostetler on 8/11/2017

On August 9 the National Labor Relations Board (NLRB or Board) filed its responsive brief in one of three cases before the Supreme Court that may determine the future validity of individual arbitration agreements in the...more

New York State Appellate Court Finds Arbitration Agreement Requiring Employees to Bring Claims Individually Violates The National...

Littler on 7/26/2017

On July 18, 2017, in Gold v. New York Life Ins. Co., New York’s Appellate Division, First Department issued a decision that directly contradicted the decision of the U.S. Court of Appeals for the Second Circuit in Sutherland...more

DOJ Changes Position in a Class Waiver Case Pending Before the Supreme Court

BakerHostetler on 6/21/2017

Last Friday, the U.S. Department of Justice (DOJ), in a rare move, changed its position in a class waiver case pending before the U.S. Supreme Court. On Jan. 13, 2017, the Court granted certiorari in three consolidated cases...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

The National Labor Relations Act › Federal Arbitration Act › Section 7