NLRB, Employment Contract, Mandatory Arbitration Clauses

The Top 18 Workplace Law Stories from September 2021

Fisher Phillips on 10/6/2021

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

Escape Clause in Mandatory Arbitration Agreement Carries the Day for Employer in NLRB's Unfair Labor Practice Analysis

Hinshaw & Culbertson - Employment Law... on 8/25/2020

Historically, there has been a "push and pull" between the National Labor Relations Board (Board) and employers over mandatory arbitration agreements and class action waivers. Although most of the disputes have been resolved...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

Employment Flash - September 2019

Skadden, Arps, Slate, Meagher & Flom LLP on 9/26/2019

This edition of Employment Flash looks at a series of recent NLRB decisions, many of which apply to all employers, not just those with unionized employees. We also discuss other U.S. federal and state labor and...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 Issues “Epic” Decision Concerning the Intersection of Mandatory Arbitration Agreements and NLRA Section 7 Rights

Proskauer - Labor Relations Update on 8/16/2019

On August 14, 2019, the NLRB issued its first decision addressing employer conduct related to mandatory arbitration agreements and Section 7 activity since the Supreme Court decided Epic Systems Corp v. Lewis, 584 U.S. __,...more

Is Your Dealership Taking Advantage Of Employment Arbitration?

Fisher Phillips on 8/3/2018

You may have recently heard something about arbitration agreements in the news, and you might be wondering whether your dealership should do anything about it. Some quick background: over the last decade, the use of...more

Better for Everyone: Implementing Your Mandatory Arbitration Program

Winstead PC on 6/19/2018

Mandatory arbitration agreements for employees have been enforceable for decades. Over the last several years, there has been an ongoing controversy between the Fifth Circuit Court of Appeals, among others, and the National...more

Supreme Court Confirms Use of Class Action Waivers in Employment Arbitration Agreements

Parker Poe Adams & Bernstein LLP on 5/29/2018

Last week in a 5-4 decision, the U.S. Supreme Court held in favor of employers in a case that may push an increasing number of companies to use mandatory arbitration agreements with their employees. Arbitration agreements in...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

The Next Big Thing: Will Employment Agreement Class Action Waivers Clear the U.S. Supreme Court?

Moore & Van Allen PLLC on 12/18/2017

This year important questions regarding the viability of class action waivers in arbitration agreements have moved close to resolution. In July, the Consumer Financial Protection Bureau (CFPB) issued a long-awaited final rule...more

Does/Should Your Company Have An Effective Arbitration Agreement?

Nossaman LLP on 10/25/2017

Whether your company should have an arbitration agreement will depend on a multitude of factors and is something to be carefully evaluated and discussed with counsel to make an informed decision. And, if your company already...more

Top Five Labor Law Developments For September 2017

Jackson Lewis P.C. on 10/19/2017

An employer violated the National Labor Relations Act when it discharged an employee who protested an unlawful confidentiality policy, even though the employee protested without the involvement of any coworkers, the U.S....more

“Opt Out” Provisions May Provide Path Forward for Class-Action Waivers in Employment Contracts

McGuireWoods LLP on 10/17/2017

Everyone is talking about the future of class-action waivers in employment arbitration agreements after the Supreme Court launched its new term this month with oral argument in three closely-watched cases—National Labor...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

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

Class Action Waiver Cases Moved to the Top of Supreme Court's October Term

Clark Hill PLC on 8/14/2017

The U.S. Supreme Court recently announced that on the first day of its upcoming October term it would hear oral argument on three consolidated cases addressing whether employers' arbitration agreements that require employees...more

Waiting for Gorsuch: SCOTUS Kicks Important Class-Action Waiver Case to Next Term

Foley & Lardner LLP on 2/17/2017

Last week, the United States Supreme Court informed litigants in Epic Systems Corp. v. Lewis that it is pushing the case to its October 2017 term. The lawsuit, which rose up through the Western District of Wisconsin and the...more

ERISA Class Action Waivers and Mandatory Arbitration–Will The Supreme Court Start A Trend?

Seyfarth Shaw LLP on 1/25/2017

Synopsis: Supreme Court has agreed to decide the fate of class waiver provisions in mandatory arbitration agreements, which may spark a new trend in ERISA benefits litigation. On January 13, 2017, the United States...more

Mandatory Employee Arbitration Heads to the U.S. Supreme Court

Snell & Wilmer on 1/25/2017

Last Friday, the U.S. Supreme Court agreed to hear three cases with a similar question: whether employers can force employees to arbitrate employment claims on an individual basis and bar such claims from being brought...more

For Its 2016-2017 Term, Supreme Court Takes A Cautious Approach, With Few Blockbuster Labor and Employment Cases

Franczek P.C. on 10/14/2016

Last week, the U.S. Supreme Court began its first full term since the death of Justice Antonin Scalia, the central advocate for the Court’s conservative bloc. Since Justice Scalia’s death this past February, the Court has...more

Ninth Circuit Invalidates Arbitration Agreement with Class Action Waiver

Sheppard Mullin Richter & Hampton LLP on 8/26/2016

On August 22, 2016, the Ninth Circuit joined the Seventh Circuit in the split amongst U.S. Circuit Courts of Appeal on the issue of enforceability of employment arbitration agreements precluding class actions. The Ninth...more

Divide Deepens Over Enforceability of Class Arbitration Waivers

Miller & Martin PLLC on 8/25/2016

The U.S. Court of Appeals for the Ninth Circuit (covering California and eight other western states) on Monday joined the Seventh Circuit, and disagreed with the Fifth Circuit, in rejecting a mandatory employment arbitration...more

And Now There Are Two: The Ninth Circuit Strikes Class Arbitration Waivers Joining the Seventh Circuit on Finding that these...

Seyfarth Shaw LLP on 8/24/2016

Seyfarth Synopsis: The Ninth Circuit joined the Seventh Circuit and the NLRB in finding that mandatory arbitration agreements that require all claims to be brought by employees on an individual basis violate the NLRA. On...more

National Labor Relations Board › Employment Contract › Mandatory Arbitration Clauses

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