News & Analysis as of September 23, 2024

Corporate Counsel

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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 -

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

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

Jackson Lewis P.C. on 7/25/2017

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

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

Jackson Lewis P.C. on 2/6/2017

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

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

PilieroMazza PLLC on 1/17/2017

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

Supreme Court Will Review Three Cases Involving the Lawfulness of Class and Collective Action Waivers

Littler on 1/16/2017

On January 13, 2017, the U.S. Supreme Court granted certiorari in three cases involving the lawfulness of class and collective action waivers in arbitration agreements. Since the National Labor Relations Board’s 2012...more

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