News & Analysis as of September 19, 2024

Collective Actions

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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 -

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 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: 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

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

2018 Employment and Labor Law Update: The Year of #MeToo (Presentation)

Jackson Walker on 10/31/2018

Gary Fowler and John Jansonius presented "2018 Employment and Labor Law Update: The Year of #MeToo" at the 20th annual Labor & Employment Law Symposium on Oct. 11, 2018 at the Westin Galleria Hotel....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

Eleventh Circuit Remands Arbitration Case to NLRB in Light of Supreme Court Decision

Parker Poe Adams & Bernstein LLP on 7/12/2018

In May in its Epic Systems decision, the U.S. Supreme Court upheld the ability of employers to compel individual mandatory arbitration of employment disputes as an alternative to class or collective action litigation....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

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

Epic Win for Employers on Individual Arbitration Agreements

Jaburg Wilk on 5/30/2018

The U.S. Supreme Court has ruled that employers may require their employees to resolve wage and hour disputes through one-on-one arbitration instead of through class actions. In Epic Systems Corp. v. Lewis, the Supreme Court...more

Supreme Court Okays Class Action Waivers in Employee Arbitration Agreements

Jackson Walker on 5/24/2018

May a company ask its employees to enter into agreements to arbitrate disputes and that also waive an employee’s ability to bring a class or collective action on behalf of other present or former employees? On May 21, 2018,...more

Supreme Court Upholds Employers’ Use of Class Action Waivers in Arbitration Agreements

Dechert LLP on 5/23/2018

A sharply divided U.S. Supreme Court decided one of the most highly anticipated employment cases in recent years on May 21, 2018, holding in Epic Systems Corporation v. Lewis that the National Labor Relations Act (“NLRA”)...more

US Supreme Court upholds arbitration agreements with class action waivers

McAfee & Taft on 5/23/2018

On Monday, Justice Gorsuch for the United States Supreme Court issued an opinion in Epic Systems Corp v. Lewis, together with two companion cases, upholding the use of class and collective action waivers in arbitration...more

Supreme Court Holds Class Action Waivers Are Legal: Should You Review Your Onboarding Documents?

Spilman Thomas & Battle, PLLC on 5/22/2018

The Supreme Court of the United States today greatly enhanced employers' ability to restrict their employees' ability to bring class actions against them. In Epic Systems v. Lewis, the Court, in a 5-4 decision, combined three...more

SCOTUS: Employers Can Compel Individual Arbitration of Wage and Hour Claims

Proskauer - Law and the Workplace on 5/22/2018

In its eagerly-awaited opinion in Epic Systems Corp. v. Lewis, the U.S. Supreme Court held on May 21 that class action waivers in arbitration agreements between employers and employees do not violate the National Labor...more

The Legality of Class Action Waivers in Arbitration Agreements – SCOTUS Finally Speaks

BakerHostetler on 5/22/2018

The controversy surrounding the validity of employment arbitration agreements with class action waivers has been simmering since at least 2012. Now, with the Supreme Court’s decision in Epic Systems Corp. v. Lewis, we have an...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

Supreme Court Issues Pro-Employer Ruling on Class Action Waiver Issue

Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/21/2018

On May 21, 2018, the Supreme Court of the United States settled the contentious class action waiver issue that has riled courts for the past six years. In a 5-4 opinion, the Court upheld class action waivers in arbitration...more

Four Employment Law Issues to Watch in 2018

Zuckerman Spaeder LLP on 1/25/2018

1. Does Title VII Protect Against Discrimination Based on Gender Identification or Sexual Orientation? The Supreme Court has not yet resolved whether Title VII of the Civil Rights Act—which forbids discrimination in...more

Supreme Court Appears Split on Class Action Waivers in Employee Arbitration Agreements

Baker Donelson on 10/17/2017

On Monday, October 2, 2017, the U.S. Supreme Court heard oral argument in three cases involving the enforceability of employee arbitration agreements that include class/collective action waivers. Since January when the...more

NLRB About-Face Highlights Lack of Reasoning on the Class Action “Right” It Seeks to Assert

Seyfarth Shaw LLP on 10/4/2017

Seyfarth Synopsis: The NLRB has withdrawn the significant concession it offered at oral argument on the nature of the NLRA rights it seeks to assert in the face of employers’ mandatory arbitration programs....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

Are Class Action Waivers Enforceable?

Carlton Fields on 2/14/2017

The Supreme Court granted petitions for certiorari in three lawsuits challenging the legality of arbitration agreements that bar workers from pursuing class actions. The Court consolidated the cases, Murphy Oil USA Inc., Epic...more

Who is Neil Gorsuch and Where Does He Stand on Labor and Employment Issues?

Littler on 2/1/2017

President Donald Trump has promptly nominated a potential successor—Judge Neil M. Gorsuch—to fill the Supreme Court seat left vacant by Justice Scalia’s unexpected death nearly a year ago. Since Scalia’s death, the High Court...more

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