News & Analysis as of September 21, 2024

Department of Justice (DOJ)

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The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed members, who are charged with overseeing union elections and hearing complaints of unfair labor practices under the NLRA. less -

What to Watch - Supreme Court to Consider Whether Agreements to Waive Employees' Class or Collective Action Rights are Enforceable

Poyner Spruill LLP on 9/12/2017

In recent years, employers have increasingly been subject to class and collective actions lawsuits by employees alleging various employment law violations, including claims under the Fair Labor Standards Act. In response,...more

Trump Department of Justice Reverses Course on Class Action Waivers

Foley & Lardner LLP on 7/25/2017

On June 16, 2017, the United States Department of Justice (DOJ) changed its position with respect to the enforceability of class action waivers in the labor and employment context. The move came via the DOJ’s filing of an...more

DOJ About-Face: Supporting Class Action Waivers, Parting Ways with the NLRB

Akerman LLP - HR Defense on 7/18/2017

The Department of Justice (DOJ) has just switched sides in a trio of high profile arbitration cases now pending before the Supreme Court, joining with the employers to argue that the National Labor Relations Board’s (NLRB’s)...more

Department of Justice Reverses Course on Class Action Waivers

King & Spalding on 6/28/2017

In the ongoing debate over whether class action waivers in employee arbitration agreements violate the National Labor Relations Act (“NLRA”), the Department of Justice (“DOJ”) has done an about-face–switching stances from...more

DOJ Flips the Switch on Class Waivers in Arbitration Agreements, Signaling Possible Changes to Come

Orrick - Employment Law and Litigation on 6/28/2017

On Friday, June 16, 2017, the United States Department of Justice (DOJ) filed an amicus brief reflecting a change of heart when it comes to the enforceability of class waivers in arbitration agreements. In an unprecedented...more

Department of Justice Reverses Stance and Urges Supreme Court to Enforce Class Action Waivers in Employment-Related Arbitration...

Goodwin on 6/27/2017

The Department of Justice has reversed its stance and now urges the Supreme Court to enforce class action waivers in employment-related arbitration agreements. This increases the likelihood that the Supreme Court will side...more

DOJ, reversing course, opposes NLRB ban on class action waivers

Ballard Spahr LLP on 6/19/2017

In an unusual turn-about, the U.S. Justice Department has reconsidered its earlier position in a set of closely watched arbitration cases that the Supreme Court will decide next term and filed an amicus brief supporting the...more

Take 5 Newsletter: An Employer's "Top 5" Action Items for 2014

Epstein Becker & Green on 12/19/2013

It's December, and human resources professionals and law departments are reflecting on the issues addressed in 2013 and giving thanks for incident-free holiday parties. But the big question is this: What issues should get...more

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National Labor Relations Board › Class Action Arbitration Waivers › Department of Justice (DOJ)

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