News & Analysis as of September 20, 2024

Federal Arbitration Act

+ Follow

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 -

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

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

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 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

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

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

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

One Epic Year Later: Have You Implemented A Mandatory Arbitration Agreement Yet?

Partridge Snow & Hahn LLP on 5/21/2019

A year ago, the United States Supreme Court issued its seminal decision in Epic Systems v. Lewis, which confirmed that employers may use mandatory individual arbitration agreements without fear of the National Labor Relations...more

Supreme Court Limits Individual Arbitration Agreement Enforcement

Epiq on 5/14/2019

When an employee signs an individual arbitration agreement, they agree to go through arbitration as opposed to filing a lawsuit if a legal issue arises in the workplace. As one can imagine, these agreements are regularly the...more

[Podcast]: Looking Back: Highlights in Labor and Employment Law from 2018

Proskauer - Law and the Workplace on 1/25/2019

In this episode of The Proskauer Brief, partner Steven Hurd and partner Adam Lupion discuss developments from some of the key cases in labor and employment law in 2018. We will discuss notable cases from the United States...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

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

Class Action Waivers: The Law of Unintended Consequences

Polsinelli on 7/27/2018

In light of the U.S. Supreme Court’s decision in Epic Systems Corp. v. Lewis that class action waivers in arbitration agreements are enforceable, employers have been rejoicing. However, is their excitement misplaced? ...more

Web Exclusive - June 2018: The Top 18 Labor And Employment Law Stories

Fisher Phillips on 7/10/2018

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Supreme Court Year in Review: Union Agency Fees, Travel Restrictions, and the Retirement of Justice Kennedy

Littler on 7/10/2018

The U.S. Supreme Court closed out its most recent term, which began in October 2017, with a number of high-profile and ground-breaking decisions. ...more

FRANCHISEE 101: Class Not in Session

Lewitt Hackman on 6/29/2018

In May, the U.S. Supreme Court held that mandatory arbitration agreements containing class action or collective action waivers must be enforced as written....more

The Case for Class - Class Action Waivers in Arbitration Agreements

Spilman Thomas & Battle, PLLC on 6/19/2018

Last month, in Epic Systems Corp. v. Lewis, the Supreme Court of the United States decided class action waivers in employment arbitration agreements do not violate the National Labor Relations Act (“NLRA”). A class action...more

Hot Topics: Enforceability Of Arbitration Provisions In Employment Agreements

A&O Shearman on 6/15/2018

On May 21, 2018, in a 5-4 decision, the United States Supreme Court held, in Epic Systems Corp. v. Lewis, that arbitration clauses in employment contracts requiring individualized proceedings are enforceable and thereby...more

SuperVision - Labor & Employment Law Insights - Issue 2, June 2018

Spilman Thomas & Battle, PLLC on 6/13/2018

...In this issue, Mitch Rhein examines the Supreme Court decision permitting class action waivers, Spencer Cook looks at a recent decision that warns employers to be careful about asking for past pay rates, Chelsea Thompson...more

When Arbitration is in Play, Class Action is off the Table

Kelley Drye & Warren LLP on 6/11/2018

In the decision rendered by the Supreme Court in Epic Systems Corp. v. Lewis, employers are able to enforce individual arbitration proceedings if arbitration was agreed to in an employment contract. Settling a Circuit split...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

Despite Legality, Employee Arbitration Pacts Are No Panacea

Benesch on 6/7/2018

On May 21, 2018, the U.S. Supreme Court in Epic Systems Corp. v. Lewis, a 5-4 opinion written by Justice Neil Gorsuch, ended a six-year dispute started by the National Labor Relations Board’s 2012 decision in D.R. Horton. The...more

U.S. Supreme Court Upholds Class Action Waivers in Arbitration Agreements: What Now?

Davis Wright Tremaine LLP on 6/7/2018

You already know that on May 21, 2018, the U.S. Supreme Court issued a 5-4 decision in Epic Systems. The Court’s long-awaited decision finally and conclusively establishes that class waivers in arbitration agreements between...more

Supreme Court Lays D.R. Horton Debate to Rest; Rejects NLRB Position That Class Waivers Violate Employee Rights

Benesch on 6/6/2018

On Monday, May 21, 2018, the United State Supreme Court, in a 5-4 opinion written by Neil Gorsuch, ended a six-year dispute started by the National Labor Relations Board’s (“NLRB”) 2012 decision in D.R. Horton, 357 NLRB 2277...more

198 Results

View per page

Page: of 8

National Labor Relations Board › Class Action Arbitration Waivers › Federal Arbitration Act

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