News & Analysis as of September 24, 2024

Arbitration Agreements

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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 -

Mandatory Arbitration, Class Waivers, and the Future of Wage-Hour Litigation: 6th Circuit Shows One Reason Why High Court...

Seyfarth Shaw LLP on 6/27/2017

Employers have faced questions about the enforceability of arbitration agreements with class and collective action waivers since the NLRB’s highly controversial D.R. Horton decision in 2012, which held that the waivers...more

Broadening Split on Viability of Class Waivers in Employment Arbitration Agreements Invites SCOTUS

Moore & Van Allen PLLC on 10/11/2016

In the years following the U.S. Supreme Court’s AT&T Mobility v. Concepcion decision, more and more courts enforced class waivers in arbitration agreements based on the commands of the Federal Arbitration Act (FAA). The...more

Ninth Circuit: Arbitration Agreements Cannot Require Employees to Individually Arbitrate Claims in Separate Proceedings

Morgan Lewis on 9/1/2016

The Ninth Circuit is the latest court to consider the NLRB’s position that class and collective action waivers violate the NLRA; here, the court ruled that an arbitration agreement that completely prevents employees from...more

Score One for the NLRB: Seventh Circuit Becomes First Federal Appeals Court to Hold that Class/Collective Action Waivers in...

Mintz - Employment Viewpoints on 6/3/2016

The Seventh Circuit recently became the first federal appellate court to say that employers can’t prevent class/collective actions through waivers in mandatory arbitration agreements, holding that such waivers interfere with...more

Class Action Waiver in Arbitration Agreement Survives NLRA Challenge

Fenwick & West LLP on 12/17/2013

Finding the National Labor Relations Board failed to give appropriate weight to the Federal Arbitration Act, the federal Fifth Circuit Court of Appeals overturned a Board decision invalidating an arbitration agreement that...more

Eastern and Southern District Courts Compel Plaintiffs to Arbitrate their FLSA Collective Action Claims on an Individualized Basis

Sheppard Mullin Richter & Hampton LLP on 3/11/2013

In February, two New York Federal District Court decisions joined other recent federal cases in enforcing arbitration agreements that preclude employees from bringing their Fair Labor Standards Act (“FLSA”) claims on a...more

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