NLRB, Class Action Arbitration Waivers

Beltway Buzz - June 2024 #2

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/17/2024

The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C., could impact your business....more

One Step Forward For Arbitration Agreements, Two Steps Back For Non-Disparagement Provisions

Greenberg Glusker LLP on 2/27/2023

Mandatory Arbitration Agreements for Employees Are “On” Again...for Now. Once upon a time, before a certain virus captured all of our attention, the California legislature enacted Assembly Bill 51 (AB 51), which prohibits...more

What Should Employers Expect in 2022, Non-COVID Edition

Quarles & Brady LLP on 2/10/2022

If your business employed 100 or more workers, chances are you spent a lot of time and effort understanding and preparing for the OSHA COVID-19 vaccine-or-test Emergency Temporary Standard....more

The Practical NLRB Advisor: Winter 2021

Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/17/2021

The election of President Joe Biden, a longtime vocal supporter of organized labor, coupled with control of both chambers of Congress by the traditionally labor-friendly Democratic Party, is the prelude to changes on the...more

Changing Administrations, Changing Labor Policies, Part II: The 10 Most Prevalent Issues in Labor Law

Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/29/2021

Part one of this two-part series covered changes to U.S. labor law policies that employers can expect to see with the new administration. Part two is a brief summary of the most prevalent issues in current labor law and their...more

#WorkforceWednesday: Employee Travel and the Coronavirus, NLRB’s Joint-Employment Rule, and DoorDash’s 5,000+ Individual...

Epstein Becker & Green on 3/4/2020

Welcome to #WorkforceWednesday, a quick-browse rundown featuring Employment Law This Week® and other resources. Stories include: Employee Travel and the Coronavirus, NLRB Joint-Employment Rule to Take Effect, and DoorDash...more

The NLRB Still Has Something To Say About Mandatory Arbitration Agreements

Amundsen Davis LLC on 11/5/2019

In May 2018, the U.S. Supreme Court rejected the argument that the National Labor Relations Act (the “Act”) prohibits mandatory arbitration agreements that contain class and collective action waivers. But that has not stopped...more

NLRB Approves Mandatory Arbitration Agreement Rollout During Pending Litigation

Locke Lord LLP on 10/22/2019

Last May, in Epic Systems Corp. v. Lewis, 584 U.S. __, 138 S.Ct. 1612 (2018), the United States Supreme Court held that employee agreements waiving workers’ rights to class and collective actions, and requiring individualized...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

In Adopting “Contract Coverage” Standard, NLRB Gives Employers Greater Flexibility to Act Unilaterally on Subjects Encompassed by...

Epstein Becker & Green on 10/9/2019

As summer turned to fall, the National Labor Relations Board (“NLRB” or the “Board”) issued a steady stream of decisions with significant and favorable implications for employers. In the flurry of recent decisions, the Board...more

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 Issues Several Significant Decisions For Employers

Nelson Mullins Riley & Scarborough LLP on 9/26/2019

The NLRB issued a number of recent decisions helpful for employers – both non-union and unionized – related to the (1) enforceability of class/collective action waivers and arbitration agreements, (2) application of the...more

The Trend to Adopt Mandatory Employment Arbitration Programs

Snell & Wilmer on 9/20/2019

In recent years, many private sector employers have adopted mandatory arbitration programs for employment disputes, which their employees are required to sign as a condition of employment. Main objectives of those programs...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

Employers Beware: It's Once Again Time to Review Your Arbitration Agreements

Foley & Lardner LLP on 9/10/2019

We have been discussing arbitration agreements in the National Labor Relations Board (NLRB) context lately, particularly with respect to class action waivers. But employers may not be aware that earlier this summer, the NLRB...more

It’s Never Too Late: NLRB Rules Employers Can Update an Existing Mandatory Arbitration Agreement to Include a Class or Collective...

Orrick - Employment Law and Litigation on 8/28/2019

Arbitration agreements are a powerful tool in resolving employment actions. As we noted last year, the U.S. Supreme Court ruled in a landmark case that employers can use class and collective action waivers in mandatory...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 Serves Up Guidance for Restaurants on Mandatory Arbitration Agreements in Post-Epic Systems Era

Hinshaw & Culbertson LLP on 8/26/2019

The National Labor Relations Board (NLRB) recently provided guidance in Cordúa Restaurants, Inc., 368 NLRB No. 43, for employers seeking to require employees to sign class action and collective action waivers in arbitration...more

New Waive? NLRB Allows Revised Arbitration Agreements After Collective Action

Bradley Arant Boult Cummings LLP on 8/25/2019

Last week, the National Labor Relations Board (NLRB) issued a decision in Cordúa Restaurants, Inc., that permits employers to create and enforce arbitration agreements with collective waivers in direct response to Fair Labor...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 National Labor Relations Board Issues Employer-friendly Arbitration Ruling

ArentFox Schiff on 8/20/2019

In its groundbreaking decision in Epic Systems Corp. v. Lewis, 584 US ___, 138 S. Ct. 1612 (2018), the Supreme Court held that the National Labor Relations Act permits employer/employee agreements that contain class- and...more

Supreme Court’s Epic Systems Decision On Arbitration Interpreted Broadly By Labor Board

Jackson Lewis P.C. on 8/20/2019

An employer may lawfully issue to its employees a new or revised mandatory arbitration agreement containing a class- and collective-action waiver specifying that employment disputes are to be resolved by individualized...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

NLRB: Employers Win When Their Employees Can’t “Opt-In”

Kelley Drye & Warren LLP on 8/16/2019

In the first post-Epic Systems decision regarding arbitration agreements, the NLRB has underscored just how pro-arbitration courts and regulators have become. In Cordúa Restaurants, the Board put its stamp of approval on...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

National Labor Relations Board › Class Action Arbitration Waivers

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