News & Analysis as of September 20, 2024

Class Action

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The phrase "Protected Concerted Activity" refers to certain protected activities specified in the National Labor Relations Act of 1935. Under the NLRA, covered employees may join together to improve their wages and working conditions. If employees are engaged in "protected concerted activity" and suffer adverse employment consequences, such employees may seek redress under the NLRA, whether or not they are members of a union. less -

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

Supreme Court Rules That Employees Can Waive Class Action Rights Through Arbitration Agreements

Farella Braun + Martel LLP on 5/29/2018

On May 21, 2018, the United States Supreme Court ruled in Epic Systems Corp. v. Lewis that arbitration agreements containing class action waivers are enforceable under the Federal Arbitration Act. 584 U.S. ___ (Dkts. 16-285,...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

Supreme Court to Hear Class-Action Waiver Arguments in its October 2017 Term

Seyfarth Shaw LLP on 2/10/2017

As our regular readers already know, the Supreme Court is poised to decide one of the most contentious issues facing the wage-and-hour world—namely, whether class- and collective-action waivers render workplace arbitration...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 Strikes Class Arb Waivers

Sherman & Howard L.L.C. on 8/23/2016

The Ninth Circuit Court of Appeals weighed in, today, on the propriety of class action arbitration waivers under the NLRA. The Court held that such waivers violate Sections 7 and 8 of the NLRA in the context of a pending...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

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Protected Concerted Activity › Section 7 › Class Action

The Practical NLRB Advisor: Fall 2018

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

Supreme Court Rules That Employees Can Waive Class Action Rights Through Arbitration Agreements

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

Supreme Court to Hear Class-Action Waiver Arguments in its October 2017 Term

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

Ninth Circuit Addresses Employee Arbitration Agreements

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

Ninth Circuit Invalidates Arbitration Agreement with Class Action Waiver

Ninth Circuit, California Appellate Court Take Aim at Arbitration Agreements

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

Divide Deepens Over Enforceability of Class Arbitration Waivers

And Now There Are Two: The Ninth Circuit Strikes Class Arbitration Waivers Joining the Seventh Circuit on Finding that these...

Ninth Circuit Strikes Class Arb Waivers

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

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

NLRB Says Filing Class Action Lawsuit is Protected Concerted Activity

Non-Unionized Employers: The NLRB Commands Your Attention

Protected Concerted Activity › Section 7 › Class Action

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