News & Analysis as of September 26, 2024

Arbitration

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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 -

Are Your Mandatory Arbitration Agreements Still Enforceable?

Baker Donelson on 4/5/2021

On March 18, 2021, the National Labor Relations Board (NLRB) reconsidered the lawfulness of terms in employment arbitration agreements that require employees to sign as a pre-dispute condition of employment. Ultimately the...more

Eleventh Circuit Reverses NLRB Order, Enforcing Individualized Arbitration Clause In Employee Agreement

Carlton Fields on 8/1/2018

A pizza delivery driver employed by Domino’s Pizza franchisee Cowabunga Inc. filed a collective action under the Fair Labor Standards Act with the National Labor Relations Board. ...more

Wave Goodbye to Waivers? 6th Circuit Joins March to Prohibit Class Action Waivers in Arbitration Agreements

Bradley Arant Boult Cummings LLP on 6/6/2017

Joining two other circuit courts, the 6th Circuit concluded that employers cannot take advantage of class action and collective action waivers as part of employment arbitration agreements....more

Employment Law - April 2017

Manatt, Phelps & Phillips, LLP on 4/14/2017

Eleventh Circuit: Title VII Doesn’t Prohibit Sexual Orientation Discrimination - Why it matters - In a decision that is already being cited in other courts around the country, the U.S. Court of Appeals for the Eleventh...more

The Practical NLRB Advisor - Issue 4, Winter 2017

Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/11/2017

The National Labor Relations Board (NLRB) continued making life more difficult for employers in 2016. The agency issued a host of decisions that significantly expand the number and type of individuals that unions can seek to...more

December 2016 Independent Contractor Misclassification and Compliance News Update

Troutman Pepper on 1/10/2017

In our update for last month’s developments in this area of the law, we report on five significant court cases involving companies in the transportation industry that use ICs as an integral part of their business model. Each...more

The NLRB Continues To Go After Non-Union Employers in Industries it Has Historically Not Targeted

Seyfarth Shaw LLP on 11/1/2016

Seyfarth Summary: The relevance of the National Labor Relations Act to industries and business sectors that have not traditionally had to deal with its implications – such as hedge funds. The New York Times recently...more

Circuit Courts Weigh Employee Arbitration Waiver Agreements with Divergent Results

Ballard Spahr LLP on 6/9/2016

Conflicting decisions issued within one week of each other from the U.S. Courts of Appeals for the Seventh and Eighth Circuits exemplify the ongoing debate in circuit courts across the country about the enforceability of...more

Seventh Circuit Holds That Collective and Class Action Waivers in Arbitration Agreements are Unenforceable

Akerman LLP - HR Defense on 6/1/2016

The Seventh Circuit Court of Appeals held that collective and class action waivers contained in arbitration agreements with employees are unenforceable and violate the National Labor Relations Act. Reaching the opposite...more

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National Labor Relations Board › Pre-Employment Agreements › Arbitration

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