NLRB, Protected Concerted Activity, Class Action

NLRB Holds That Employers May Modify Arbitration Agreements, Threaten Workers to Sign After Commencement of Class Action Lawsuit

Foley & Lardner LLP on 8/27/2019

As we have previously written, the issue of employment arbitration agreements and their effect on class action matters has been an area of significant evolution over the years. Last week, on August 21, 2019, the National...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

Will Filing A Class Action Continue To Be Protected Concerted Activity?

Jackson Lewis P.C. on 9/10/2018

The National Labor Relations Board will reconsider whether an employer can discipline an employee for the act of filing a class action, which has long been held to be protected concerted activity under the National Labor...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

The Case for Class - Class Action Waivers in Arbitration Agreements

Spilman Thomas & Battle, PLLC on 6/19/2018

Last month, in Epic Systems Corp. v. Lewis, the Supreme Court of the United States decided class action waivers in employment arbitration agreements do not violate the National Labor Relations Act (“NLRA”). A class action...more

Food & Beverage Litigation Update | May 2018 #4

Shook, Hardy & Bacon L.L.P. on 5/29/2018

Advocacy Groups Urge Senate to Support NOSB - A group of advocacy organizations has sent a letter asking the leaders of the Senate Committee on Agriculture, Nutrition & Forestry to “fully support organic agriculture in the...more

Another One Bites The Dust: 6th Circuit Latest To Strike Down Mandatory Class Waivers - Supreme Court To Have Final Say In...

Fisher Phillips on 6/1/2017

Employers returning from the Memorial Day weekend were on the receiving end of bad news as they learned that the 6th Circuit Court of Appeals became the third federal appeals court to strike down mandatory class action...more

NLRB's General Counsel Issues Memo on Arbitration Issue Pending at Supreme Court

Littler on 2/6/2017

As a result of the Supreme Court’s recent decision to grant certiorari and address the dispute over whether class and collective action waivers are lawful in an arbitration agreement, many employers have asked whether similar...more

Ninth Circuit Holds That Class Action Waiver In Employment Agreement Is Unenforceable, Adding To The Circuit Split On The Issue

Carlton Fields on 9/12/2016

As a condition of employment, Ernst & Young’s employees were required to sign agreements that contained a “concerted action” waiver requiring employees to pursue legal claims against E&Y exclusively through arbitration, and...more

Ninth Circuit Addresses Employee Arbitration Agreements

Perkins Coie on 9/7/2016

In Morris v. Ernst & Young, LLP, the U.S. Court of Appeals for the Ninth Circuit recently reviewed an arbitration agreement that required employees “as a condition of employment” “to sign agreements not to join with other...more

Adding to Circuit Split, Divided Ninth Circuit Finds Concerted Action Waiver in Ernst & Young’s Employment Agreement Unenforceable...

Carlton Fields on 9/6/2016

Ernst & Young’s (“E&Y”) employment agreements contained “separate proceedings” and arbitration provisions, which together required that disputes be resolved individually through arbitration, rather than collectively through...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

Ninth Circuit, California Appellate Court Take Aim at Arbitration Agreements

FordHarrison on 8/26/2016

The Ninth Circuit and the California Court of Appeal have each issued decisions that may fundamentally affect how employers deal with arbitration agreements in the future. In Morris v. Ernst & Young, the Ninth Circuit held...more

Ninth Circuit Sides with NLRB in Divide over Employee Arbitration Waiver Agreements

Ballard Spahr LLP on 8/26/2016

The U.S. Court of Appeals for the Ninth Circuit announced this week that it agrees with the National Labor Relations Board that individual arbitration waiver agreements, which prevent employees from filing or participating in...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

Ninth Circuit Finds Arbitration Agreement That Required Employees to Bring Claims in “Separate Proceedings” Illegal Under the NLRA

Littler on 8/24/2016

On August 22, 2016, in Morris et al. v. Ernst & Young, LLP, a panel of the U.S. Court of Appeals for the Ninth Circuit followed the lead of the National Labor Relations Board (“NLRB”) and the U.S Court of Appeals for the...more

Class and Collective Action Waivers Lawful under NLRA, Eighth Circuit Finds, Contrary to Seventh Circuit

Jackson Lewis P.C. on 6/10/2016

The National Labor Relations Board erred in determining that a company violated the National Labor Relations Act by maintaining and enforcing a mandatory arbitration agreement which prohibited employees from bringing or...more

Score One for the NLRB: Seventh Circuit Becomes First Federal Appeals Court to Hold that Class/Collective Action Waivers in...

Mintz - Employment Viewpoints on 6/3/2016

The Seventh Circuit recently became the first federal appellate court to say that employers can’t prevent class/collective actions through waivers in mandatory arbitration agreements, holding that such waivers interfere with...more

Seventh Circuit Finds Class Action Waivers in Arbitration Agreements are Illegal and Unenforceable under the NLRA

Littler on 5/31/2016

On May 26, 2016, the U.S. Court of Appeals for the Seventh Circuit issued its decision in Lewis v. Epic-Systems Corp., finding that the company's arbitration agreement, which prohibits employees from participating in “any...more

Socially Aware: The Social Media Law Update Volume 6, Issue 4

Morrison & Foerster LLP - Social Media on 10/15/2015

Five social media law issues to discuss with your clients - The explosive growth of social media has clients facing legal questions that didn’t even exist a few short years ago. Helping your clients navigate this...more

NLRB Says Filing Class Action Lawsuit is Protected Concerted Activity

Parker Poe Adams & Bernstein LLP on 8/17/2015

Section 7 of the National Labor Relations Act prohibits employers from discriminating or retaliating against employees who engage in protected concerted activity. Concerted Activity means actions involving terms and...more

New Year: Resolve, Review, Revise

Maynard Nexsen on 1/7/2015

The new year is a time for reflection. With that reflection often comes a resolve for change, from small modifications of some old habits to wholesale new beginnings and everything in between. From a business perspective,...more

Under the FLSA, the NLRB Says Even "Non-Concerted" Activity Can Be Concerted

Franczek P.C. on 6/13/2014

My colleagues and I have noted repeatedly over the past couple of years that the National Labor Relations Board takes a very expansive view of the National Labor Relations Act, even (and perhaps especially) when the case does...more

Administrative Law Judge Finds Bringing A Class Action Lawsuit For Unpaid Wages Is Protected, Concerted Activity Under The...

Laner Muchin, Ltd. on 5/29/2014

In 200 East 81st Restaurant Corp. and Arsovski, an Administrative Law Judge (ALJ) with the National Labor Relations Board (NLRB) found that an employee who filed a class action wage and hour lawsuit seeking recovery of unpaid...more

National Labor Relations Board › Protected Concerted Activity › Class Action

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