News & Analysis as of

National Labor Relations Board › Murphy Oil USA › Arbitration Agreements

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... more +
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 -
Ervin Cohen & Jessup LLP

Great News for Employers: U.S. Supreme Court Upholds Arbitration Class Action Waivers

Ervin Cohen & Jessup LLP on

On Monday, May 21, 2018, in a 5-4 opinion, the United States Supreme Court issued a long-awaited decision in the case, Epic Systems Corp. v. Lewis, on the issue of the enforceability of class action waivers in arbitration...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

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

Ogletree, Deakins, Nash, Smoak & Stewart,... on

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

Baker Donelson

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

Baker Donelson on

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

K&L Gates LLP

The Supreme Court Hears Argument to Decide Whether Class-Action Waivers in Employment Arbitration Agreements Are Enforceable

K&L Gates LLP on

Employers that have class- or collective-action waivers in their employee arbitration agreements (or are contemplating implementing them) need not wait much longer for the U.S. Supreme Court to decide whether such waivers are...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Future of Class Action Waivers: The Supreme Court Hears Oral Argument

Ogletree, Deakins, Nash, Smoak & Stewart,... on

On October 2, 2017, the Supreme Court of the United States heard oral argument in three consolidated cases that will decide the future of class action waivers in the employment context. These cases—National Labor Relations...more

Jackson Lewis P.C.

Supreme Court Hears Argument On Validity Of Class Action Waivers In Employment Arbitration Agreements

Jackson Lewis P.C. on

The United States Supreme Court heard a one-hour consolidated oral argument in three arbitration cases involving the intersection of the National Labor Relations Act and the Federal Arbitration Act on October 2, 2017. Epic...more

BakerHostetler

Convergys Corporation and LogistiCare Solutions, Incorporated v. NLRB – The Fifth Circuit Considers Class and Collective Action...

BakerHostetler on

The U.S. Court of Appeals for the Fifth Circuit decided two cases considering the impact of the National Labor Relations Act (NLRA) on class or collective action waivers required by companies for their applicants and...more

Jackson Lewis P.C.

New York Appeals Court Rejects Enforceability Of Class Action Waivers – But Is This Ruling Short-Lived?

Jackson Lewis P.C. on

In an issue of first impression in the state of New York, last week the New York Supreme Court, Appellate Division (the state’s intermediate appellate court) weighed in on the enforceability of arbitration provisions that...more

Carlton Fields

Are Class Action Waivers Enforceable?

Carlton Fields on

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

Carlton Fields

Worth the Wait?: SCOTUS to Hear Argument on Enforceability of Class Action Waivers in Employment Contracts in 2017 Term

Carlton Fields on

As we previously reported, 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...more

Jackson Lewis P.C.

NLRB GC Instructs Regions to Hold on Class Action Waiver Cases Until Supreme Court Rules

Jackson Lewis P.C. on

The General Counsel of the National Labor Relations Board has instructed Regional Offices to hold in abeyance cases involving mandatory arbitration agreements with opt in or opt out clauses. Regions must do the same in cases...more

K&L Gates LLP

Arbitration Is Back on the Docket: The Supreme Court to Review the Enforceability of Class Action Waivers in Employment...

K&L Gates LLP on

The United States Supreme Court recently granted certiorari in a trio of cases—Epic Systems Corp. v. Lewis, No. 16-285; Ernst & Young LLP v. Morris, No. 16-300; and NLRB v. Murphy Oil USA Inc., No. 16-307—to decide on a...more

Conn Maciel Carey LLP

U.S. Supreme Court to Decide Validity of Class Action Waivers

Conn Maciel Carey LLP on

The U.S. Supreme Court has agreed to review the validity of class action waiver clauses in employment arbitration agreements to resolve a conflict among the federal appellate courts. As our firm has explained in prior blog...more

Carlton Fields

Fifth Circuit Follows Precedent In Upholding Employment Agreement Containing Class Action Waivers

Carlton Fields on

Relying on D.R. Horton Inc. v. NLRB and Murphy Oil, USA v. NRLB, the Fifth Circuit found the NLRB’s decision that Citibank violated the National Labor Relations Act by requiring employees to sign an arbitration agreement...more

Robinson+Cole Class Actions Insider

Supreme Court to Hear Class Action Cases Involving Class Action Waivers and Tolling of Statutes of Limitations

Robinson+Cole Class Actions Insider on

The U.S. Supreme Court recently granted certiorari in class action cases involving: (1) class action waivers in employment contracts; and (2) whether filing of a securities class action tolled a statute of repose. In both...more

Weintraub Tobin

Don’t Throw Out Your Class-Action Waivers Just Yet

Weintraub Tobin on

The United States Supreme Court decided last week to resolve a split in the lower courts as to whether the National Labor Relations Act (“Act”) preempts class-action waiver clauses in arbitration agreements with their...more

Locke Lord LLP

Supreme Court to Decide Legality of Class Action and Collective Action Waivers

Locke Lord LLP on

On January 13, 2017, the Supreme Court agreed to consider whether employee arbitration agreements containing class/collective action waivers are unlawful and unenforceable. The Court’s decision to consider this issue portends...more

BakerHostetler

Justices to Consider Arbitration Agreements With Class Waivers – The End of the Beginning?

BakerHostetler on

Apologies to Winston Churchill, but the conflict over the enforcement of arbitration agreements with class waivers has become an ongoing legal and ideological struggle. Some view individual arbitration as a quicker and less...more

Pierce Atwood LLP

Supreme Court Will Hear Class Action Waiver Cases

Pierce Atwood LLP on

Last week, the Supreme Court consolidated and agreed to hear three appeals of Circuit Court decisions concerning whether class action waivers contained in employment arbitration agreements infringe on employees’ rights under...more

PilieroMazza PLLC

Supreme Court Agrees to Hear Cases Attacking Arbitration Agreements With Class Action Waivers

PilieroMazza PLLC on

On Friday, January 13, 2017, the Supreme Court agreed to consider arguments over whether employer arbitration policies that prohibit employees from filing class or collective actions are violative of the National Labor...more

Carlton Fields

Fifth Circuit Follows D.R. Horton And Murphy Oil Precedent, Ruling That An Arbitration Agreement Prohibiting Employee Class Or...

Carlton Fields on

The Fifth Circuit refused to enforce an order of the NLRB that found an arbitration agreement was invalid because it waived an employee’s right to maintain employment related class or collective actions....more

Bradley Arant Boult Cummings LLP

Fifth Circuit Upholds Arbitrations with Class Waivers – Gasses NLRB in Murphy Oil Case

Bradley Arant Boult Cummings LLP on

More frequently, employers are turning to arbitration agreements to keep lawsuits out of court and prevent the threat of run-away juries. Many arbitration agreements also contain class action waivers which require employees...more

Seyfarth Shaw LLP

Fifth Circuit Stands Pat, Again Rejects NLRB Attempt To Void Class And Collective Action Waiver

Seyfarth Shaw LLP on

As expected, the Fifth Circuit once again has rejected the NLRB’s highly controversial position that the National Labor Relations Act (“NLRA”) prohibits employers from requiring mandatory arbitration agreements that preclude...more

Carlton Fields

NLRB Finds Mandatory Arbitration Clause Unenforceable

Carlton Fields on

An administrative law judge for the National Labor Relations Board (“Board”) found in favor of Talina Torres (“Torres”) against Employers Resource (“Employers”) after determining that an arbitration clause within an...more

24 Results
 / 
View per page
Page: of 1

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

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide