News & Analysis as of September 22, 2024

Section 7

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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 -

Q2 Employment Law Updates: Non-Competes, Religious Accommodation and More

DarrowEverett LLP on 7/18/2023

So far, 2023 has been a wild ride for employers, a theme that looks to be continuing into the third quarter of the year. While certain predictions we made during Q1 came true in Q2 (we are looking at you, NLRB), others such...more

The Supreme Court Pours Some Concrete on the Right to Strike

Seyfarth Shaw LLP on 6/5/2023

On June 1, 2023, in a resounding 8-1 decision, the United States Supreme Court granted employers an important victory by holding that the National Labor Relations Act and prior precedent did not preempt a state court tort...more

NLRB General Counsel seeks to further shake up college sports

Hogan Lovells on 10/15/2021

Earlier this month, the General Counsel of the National Labor Relations Board issued a memorandum declaring that private college athletes should be considered “employees” under Section 2(3) of the National Labor Relations Act...more

NLRB Issues “Epic” Decision Concerning the Intersection of Mandatory Arbitration Agreements and NLRA Section 7 Rights

Proskauer - Labor Relations Update on 8/16/2019

On August 14, 2019, the NLRB issued its first decision addressing employer conduct related to mandatory arbitration agreements and Section 7 activity since the Supreme Court decided Epic Systems Corp v. Lewis, 584 U.S. __,...more

Employment Law Developments and Trends in 2018 for Nevada Employers

Payne & Fears on 1/11/2019

Employment law is a dynamic practice area in which new law develops each year. Last year was no exception. This article, originally published in Nevada Lawyer by Matthew L. Durham and Chad D. Olsen, discusses notable...more

2018 Employment and Labor Law Update: The Year of #MeToo (Presentation)

Jackson Walker on 10/31/2018

Gary Fowler and John Jansonius presented "2018 Employment and Labor Law Update: The Year of #MeToo" at the 20th annual Labor & Employment Law Symposium on Oct. 11, 2018 at the Westin Galleria Hotel....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

Epic Win for Employers on Individual Arbitration Agreements

Jaburg Wilk on 5/30/2018

The U.S. Supreme Court has ruled that employers may require their employees to resolve wage and hour disputes through one-on-one arbitration instead of through class actions. In Epic Systems Corp. v. Lewis, the Supreme Court...more

Supreme Court Okays Class Action Waivers in Employee Arbitration Agreements

Jackson Walker on 5/24/2018

May a company ask its employees to enter into agreements to arbitrate disputes and that also waive an employee’s ability to bring a class or collective action on behalf of other present or former employees? On May 21, 2018,...more

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

Dechert LLP on 5/23/2018

A sharply divided U.S. Supreme Court decided one of the most highly anticipated employment cases in recent years on May 21, 2018, holding in Epic Systems Corporation v. Lewis that the National Labor Relations Act (“NLRA”)...more

Supreme Court: Class Action Waivers In Employment Arbitration Agreements Do Not Violate Federal Labor Law

Jackson Lewis P.C. on 5/22/2018

Class action waivers in employment arbitration agreements are enforceable under the Federal Arbitration Act (FAA), the U.S. Supreme Court has held in a much-anticipated decision in three critical cases. Epic Systems Corp. v....more

Supreme Court Rules Class Action Waivers In Employment Arbitration Agreements Valid

Jackson Lewis P.C. on 5/22/2018

Class action waivers in employment arbitration agreements do not violate federal law, the U.S. Supreme Court has ruled in a much-anticipated decision in three critical cases. Epic Systems Corp. v. Lewis, No. 16-285; Ernst &...more

In major win for employers, Supreme Court rules that they can bar employees from bringing class-action lawsuits

Locke Lord LLP on 5/22/2018

In a massive win for employers across the country, the U.S. Supreme Court has ruled that employers now have the green light to use class action waivers in their employment contracts. Today, the Court held in a 5-4 ruling that...more

Epic Shift: Supreme Court Enforces Class Action Waivers in Arbitration Agreements

Blank Rome LLP on 5/22/2018

The Supreme Court issued a landmark decision on May 21, 2018, which has widespread implications for all employers. In Epic Systems Corp. v. Lewis, a 5-4 opinion written by Justice Gorsuch, the Supreme Court held that...more

Supreme Court Rules Class Action Waivers Enforceable Ending Uncertainty For Employers

Amundsen Davis LLC on 5/22/2018

The U.S. Supreme Court ruled this morning that employers can enforce class action waivers included in employment-related arbitration agreements. An arbitration agreement is a contract through which an employee and an employer...more

Epic News for Employers: Class Action Waivers in Arbitration Agreements are Enforceable

Orrick - Employment Law and Litigation on 5/22/2018

Employers across the country started the work week with some positive and long-awaited news. On Monday, May 21, 2018, the U.S. Supreme Court ruled in a landmark case that employment arbitration agreements with class action...more

DOJ Changes Position in a Class Waiver Case Pending Before the Supreme Court

BakerHostetler on 6/21/2017

Last Friday, the U.S. Department of Justice (DOJ), in a rare move, changed its position in a class waiver case pending before the U.S. Supreme Court. On Jan. 13, 2017, the Court granted certiorari in three consolidated cases...more

Waving in Class Action Waivers?

Spilman Thomas & Battle, PLLC on 6/12/2017

Later this year, the Supreme Court of the United States will address the enforceability of class action waivers in employment arbitration agreements in Ernst & Young LLP v. Morris. The Supreme Court’s decision will resolve a...more

Good Things Come To Those Who Wait? Supreme Court Delays Class Waiver Decision Until Next Term

Fisher Phillips on 2/9/2017

A Full Complement Of SCOTUS Justices Bodes Well For Employers - When the U.S. Supreme Court announced several weeks ago it would settle a dispute about whether employers can use mandatory class action waivers with their...more

January 2017 Independent Contractor Misclassification and Compliance News Update

Troutman Pepper on 2/6/2017

January was a busy month for independent contractor misclassification – and IC compliance. In addition to Lowe’s $2.85 million settlement with installers whom it classified as ICs, Lufthansa agreed to pay $1.1 million in...more

Supreme Court Will Hear Class Action Waiver Cases

Pierce Atwood LLP on 1/17/2017

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

For Its 2016-2017 Term, Supreme Court Takes A Cautious Approach, With Few Blockbuster Labor and Employment Cases

Franczek P.C. on 10/14/2016

Last week, the U.S. Supreme Court began its first full term since the death of Justice Antonin Scalia, the central advocate for the Court’s conservative bloc. Since Justice Scalia’s death this past February, the Court has...more

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National Labor Relations Board › Supreme Court of the United States › Section 7

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