News & Analysis as of

National Labor Relations Board › Remand › Reversal

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 -
Proskauer - Labor Relations Update

NLRB Nixes Reopening Remedy after Remand from D.C. Circuit

Proskauer - Labor Relations Update on

In a 2-1 decision (Members Kaplan and Ring in the Majority, with Member Prouty dissenting), the National Labor Relations Board (“NLRB” or “Board”) revisited its 2020 decision in RAV Truck & Trailer Repairs, Inc., 369 NLRB No....more

Partridge Snow & Hahn LLP

One Epic Year Later: Have You Implemented A Mandatory Arbitration Agreement Yet?

Partridge Snow & Hahn LLP on

A year ago, the United States Supreme Court issued its seminal decision in Epic Systems v. Lewis, which confirmed that employers may use mandatory individual arbitration agreements without fear of the National Labor Relations...more

Roetzel & Andress

How Much Is A Good Name Worth? Ohio Supreme Court Says Damages For Defamation Are Capped

Roetzel & Andress on

In a 4-2 decision, the Ohio Supreme Court has held that Ohio’s statutory cap on noneconomic damages applies to defamation claims.[1] In light of the Court’s ruling, a $1.55 million jury award obtained by Ann Wayt, a former...more

Polsinelli

Class Action Waivers: The Law of Unintended Consequences

Polsinelli on

In light of the U.S. Supreme Court’s decision in Epic Systems Corp. v. Lewis that class action waivers in arbitration agreements are enforceable, employers have been rejoicing. However, is their excitement misplaced? ...more

Lewitt Hackman

FRANCHISEE 101: Class Not in Session

Lewitt Hackman on

In May, the U.S. Supreme Court held that mandatory arbitration agreements containing class action or collective action waivers must be enforced as written....more

Spilman Thomas & Battle, PLLC

The Case for Class - Class Action Waivers in Arbitration Agreements

Spilman Thomas & Battle, PLLC on

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

A&O Shearman

Hot Topics: Enforceability Of Arbitration Provisions In Employment Agreements

A&O Shearman on

On May 21, 2018, in a 5-4 decision, the United States Supreme Court held, in Epic Systems Corp. v. Lewis, that arbitration clauses in employment contracts requiring individualized proceedings are enforceable and thereby...more

Kelley Drye & Warren LLP

When Arbitration is in Play, Class Action is off the Table

Kelley Drye & Warren LLP on

In the decision rendered by the Supreme Court in Epic Systems Corp. v. Lewis, employers are able to enforce individual arbitration proceedings if arbitration was agreed to in an employment contract. Settling a Circuit split...more

Davis Wright Tremaine LLP

U.S. Supreme Court Upholds Class Action Waivers in Arbitration Agreements: What Now?

Davis Wright Tremaine LLP on

You already know that on May 21, 2018, the U.S. Supreme Court issued a 5-4 decision in Epic Systems. The Court’s long-awaited decision finally and conclusively establishes that class waivers in arbitration agreements between...more

PilieroMazza PLLC

Worried About Class Actions? SCOTUS Recently Handed Employers a Hall Pass.

PilieroMazza PLLC on

Last week, the U.S. Supreme Court held in Epic Systems v. Lewis that employers may, as a condition of employment, require employees to sign arbitration agreements containing class action waivers. The Court rejected the NLRB’s...more

K&L Gates LLP

It’s Epic: Supreme Court Approves Class-Action Waivers in Employment Agreements

K&L Gates LLP on

The U.S. Supreme Court has again emphasized that parties to arbitration agreements have great latitude in structuring their agreements, including the ability to require bilateral — as opposed to class — arbitration. ...more

Moore & Van Allen PLLC

A Split U.S. Supreme Court Upholds Class Waivers in Individual Employment Agreements, Highlighting the Role of Congress in the...

Moore & Van Allen PLLC on

The viability of class waivers in employment agreements has been a closely watched battle in the courts since the National Labor Relations Board (NLRB) ruled in D. R. Horton, Inc. and Michael Cuda, Case 12–CA–25764, 357 NLRB...more

Fox Rothschild LLP

The Epic Systems Case—Note To Employers—Don’t Wish For Something Because You May Get It!

Fox Rothschild LLP on

We have experienced a watershed change in the law this week and its ripples will move outward in ever widening circles for years to come. This is, naturally, the decision in Epic Systems Corp. v. Lewis (one of a trio of...more

Troutman Pepper

Supreme Court Upholds Validity of Employee Class Action Waivers

Troutman Pepper on

On May 21, in a 5-4 opinion, the U.S. Supreme Court ruled that arbitration agreements in which an employee waives the right to pursue his or her employment claims in a class or collective action are enforceable under the...more

Husch Blackwell LLP

A Significant Victory For Employer Use Of Individual Arbitration Agreements

Husch Blackwell LLP on

The United States Supreme Court settled a controversy that had been brewing for half a decade as to whether the Federal Arbitration Act (“FAA”) made enforceable individual agreements to arbitrate employment-related claims in...more

Jackson Lewis P.C.

Class Action Waivers Remain Inapplicable To PAGA Claims

Jackson Lewis P.C. on

The U.S. Supreme Court’s recent ruling that class action waivers in employment arbitration agreements are enforceable under the Federal Arbitration Act (FAA) does not extend to claims under the California Private Attorneys...more

BCLP

Supreme Court Upholds Class Action Waivers

BCLP on

On May 21, the United States Supreme Court held that mandatory arbitration agreements containing class action waivers are to be enforced as written. In Epic Systems Corp. v. Lewis, a trio of consolidated appeals, the Court...more

Carlton Fields

Supreme Court Upholds Employee Individualized Arbitration Agreements Against Challenges Based On The National Labor Relations Act

Carlton Fields on

The U.S. Supreme Court ruled that agreements between an employer and an employee providing for individualized arbitration do not violate the National Labor Relations Act (NLRA). ...more

Cole Schotz

United States Supreme Court Rules Class And Collective Action Waivers In Employment Agreements Are Enforceable

Cole Schotz on

On Monday, May 21, 2018, the U.S. Supreme Court issued what is widely regarded as the most important decision for U.S. employers this year. In a 5-4 decision, in Epic Systems Corporation v. Lewis (and two other related...more

Kilpatrick

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

Kilpatrick on

In a highly anticipated opinion, the U.S. Supreme Court ruled on May 21, 2018, that employers may require employees to enter into arbitration agreements waiving their rights to pursue class-action claims against the employer....more

Neal, Gerber & Eisenberg LLP

Supreme Court Upholds Class Action Waivers in Employment Arbitration Agreements

Neal, Gerber & Eisenberg LLP on

In recent years, many employers have required their employees to agree that any disputes relating to their employment, including challenges to the termination of their employment, must be submitted to arbitration instead of...more

Lewitt Hackman

FAA And NLRA: Can't We All Just Get Along?

Lewitt Hackman on

On Monday, the U.S. Supreme Court issued a long-awaited decision confirming the enforceability of class action waivers in employment arbitration agreements....more

Akerman LLP

U.S. Supreme Court Rules That Class Action Waivers Are Enforceable

Akerman LLP on

Employers may require employees to enter into arbitration agreements that waive such employees’ ability to participate in a class or collective action lawsuit, the U.S. Supreme Court ruled this week. In a long-awaited...more

Holland & Knight LLP

The Potential Impact of Supreme Court's Epic Systems Decision on ESOPs

Holland & Knight LLP on

• Although the Supreme Court's recent decision in Epic Systems Corp. v. Lewis was not a case under the Employee Retirement Income Security Act of 1974 (ERISA), the Court's analysis indicates that it would likely reject an...more

Akin Gump Strauss Hauer & Feld LLP

Supreme Court Decision Impacting Class and Collective Action Waivers in Employment Arbitration Clauses

Akin Gump Strauss Hauer & Feld LLP on

• Class and collective action waivers in arbitration agreements are enforceable under the FAA and not prohibited by the NLRA. • The NLRA concerns labor organizing and collective bargaining, but does not extend more...more

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