NLRB, Arbitration, Collective Actions

NLRB Clarifies Use of Mandatory Arbitration Post-Epic Systems

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/27/2019

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

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

Franczek P.C. on 9/18/2019

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

NLRB Holds That Employers May Modify Arbitration Agreements, Threaten Workers to Sign After Commencement of Class Action Lawsuit

Foley & Lardner LLP on 8/27/2019

As we have previously written, the issue of employment arbitration agreements and their effect on class action matters has been an area of significant evolution over the years. Last week, on August 21, 2019, the National...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

The NLRB Holds That Employers May Implement Class Waivers in Response to Class Claims and Discipline Employees Who Refuse to Sign...

Sheppard Mullin Richter & Hampton LLP on 8/16/2019

Employers wishing to implement class action waivers in response to class claims and discipline employees who refuse to sign them just got some very good news from the National Labor Relations Board (NLRB or Board) in Cordua...more

Halloween Bill Provides A Scare By Seeking To Prohibit Workplace Arbitration Altogether

Seyfarth Shaw LLP on 11/2/2018

Seyfarth Synopsis: Congress has once again proposed legislation that would seek to ban mandatory workplace arbitration of employment claims, despite a string of United States Supreme Court decisions upholding arbitration and...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

Fair Labor Standards Act Collective Action Provision Too Does Not Make Agreement to Mandatory Bilateral Arbitration Unenforceable

Mintz - Arbitration, Mediation, ADR... on 8/28/2018

When the Supreme Court ruled recently that the “concerted activities” provision of the National Labor Relations Act (“NLRA”) did not make a contractual waiver of “class arbitration” unenforceable, it provided an extensive...more

Eleventh Circuit Reverses NLRB Order, Enforcing Individualized Arbitration Clause In Employee Agreement

Carlton Fields on 8/1/2018

A pizza delivery driver employed by Domino’s Pizza franchisee Cowabunga Inc. filed a collective action under the Fair Labor Standards Act with the National Labor Relations Board. ...more

Eleventh Circuit Remands Arbitration Case to NLRB in Light of Supreme Court Decision

Parker Poe Adams & Bernstein LLP on 7/12/2018

In May in its Epic Systems decision, the U.S. Supreme Court upheld the ability of employers to compel individual mandatory arbitration of employment disputes as an alternative to class or collective action litigation....more

Employment Agreements that Prevent Class Action Litigation Deemed Legal

Esquire Deposition Solutions, LLC on 6/8/2018

An extremely close 5-4 ruling in the U.S. Supreme Court confirmed that employment agreements that state employees must give up their rights to pursue class action claims are legal. The issue reached the Supreme Court from the...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 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

US Supreme Court upholds arbitration agreements with class action waivers

McAfee & Taft on 5/23/2018

On Monday, Justice Gorsuch for the United States Supreme Court issued an opinion in Epic Systems Corp v. Lewis, together with two companion cases, upholding the use of class and collective action waivers in arbitration...more

Supreme Court Holds Class Action Waivers Are Legal: Should You Review Your Onboarding Documents?

Spilman Thomas & Battle, PLLC on 5/22/2018

The Supreme Court of the United States today greatly enhanced employers' ability to restrict their employees' ability to bring class actions against them. In Epic Systems v. Lewis, the Court, in a 5-4 decision, combined three...more

SCOTUS: Employers Can Compel Individual Arbitration of Wage and Hour Claims

Proskauer - Law and the Workplace on 5/22/2018

In its eagerly-awaited opinion in Epic Systems Corp. v. Lewis, the U.S. Supreme Court held on May 21 that class action waivers in arbitration agreements between employers and employees do not violate the National Labor...more

The Legality of Class Action Waivers in Arbitration Agreements – SCOTUS Finally Speaks

BakerHostetler on 5/22/2018

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

Epic Win: Supreme Court Saves Employment Arbitration As We Know It

Fisher Phillips on 5/21/2018

To the relief of employers across the country, the Supreme Court today ruled in a 5-to-4 decision that class action waivers in employment arbitration agreements do not violate the National Labor Relations Act (NLRA) and are,...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

Supreme Court to Resolve Current Split of Authority Over Enforceability of Class Action Waivers Contained in Mandatory Arbitration...

Snell & Wilmer on 10/16/2017

Many employers have implemented mandatory arbitration policies requiring that all employment related disputes be resolved through final and binding arbitration rather than in traditional court proceedings. Generally speaking,...more

NLRB About-Face Highlights Lack of Reasoning on the Class Action “Right” It Seeks to Assert

Seyfarth Shaw LLP on 10/4/2017

Seyfarth Synopsis: The NLRB has withdrawn the significant concession it offered at oral argument on the nature of the NLRA rights it seeks to assert in the face of employers’ mandatory arbitration programs....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

Will the Supreme Court Finally Remove Doubt That an Employer Can Mandate That Employees Enter into Arbitration Agreements with...

Seyfarth Shaw LLP on 9/26/2017

Seyfarth Synopsis: In the first argument of the first day of its new term, the U.S. Supreme Court will hear oral argument in three cases presenting the issue of whether an employer may require employees to enter into...more

Supreme Court Set To Weigh In On Class Action Waivers

Burr & Forman on 9/22/2017

In late 2017 or early 2018, employers should anticipate clarity from the U.S. Supreme Court as to whether arbitration agreements requiring workers to waive their right to file class or collective actions violates the National...more

National Labor Relations Board › Arbitration › Collective Actions

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