Menu
Employment Disputes
NLRB Files Responsive Brief in Murphy Oil Case
By Beth Graham - August 16, 2017
In October, the United States Supreme Court will hear oral argument in the consolidated cases of National Labor Relations Board v. Murphy Oil USA, No. 16-307 (5th Cir., October 26, 2015), Epic Systems Corp. v. Lewis, No. 16-285 (7th Cir., May 26, 2016), and Ernst & Young LLP v. Morris, No. 16-300 (9th Cir., August 22, 2016).
DOJ Flips on Class Waivers Issue
By Beth Graham - June 19, 2017
On Friday, the United States Department of Justice (“DOJ”) made an abrupt about-face on the issue of whether a class waiver included in an employer’s arbitration agreement violates the National Labor Relations Act (“NLRA”).
DC Circuit Vacates Arbitration Award on Public Policy Grounds
By Karl Bayer - May 5, 2017
In National Railroad Passenger Corporation v. Fraternal Order of Police, Lodge 189, No. 16-7004 (DC Cir., April 28, 2017), the United States Court of Appeals for the District of Columbia Circuit affirmed a trial court’s order vacating an arbitration award based on public policy grounds.
9th Circuit Upholds Employer’s Dispute Resolution Agreement Banning Collective Action
By Beth Graham - March 15, 2017
The Ninth Circuit Court of Appeals has upheld an employer’s dispute resolution agreement despite that portions of the provision were unconscionable and it prohibited workers from engaging in collective action.
NLRB Directs Regional Offices to Informally Settle Pending Cases Involving Class Waivers in an Employer’s Arbitration Agreement
By Beth Graham - February 28, 2017
Last month, the National Labor Relations Board (“NLRB”) issued a memo directing the agency’s regional offices to informally settle any pending cases involving employers who maintain arbitration agreements that bar workers from engaging in class or collective action when pursuing work-related claims.
Dallas COA Orders AdvoCare Employment Dispute to Arbitration
By Beth Graham - January 23, 2017
Texas’ Fifth District Court of Appeals in Dallas has ordered a former AdvoCare board member to arbitrate his claims against the company.
SCOTUS Finally Agrees to Consider Whether Class Action Waivers Included in Employment Agreements Violate the NLRA
By Beth Graham - January 13, 2017
The United States Supreme Court has granted certiorari in three cases related to the legality of class action waivers included in an employer’s arbitration agreement.
NLRB Judge Finds Class Waiver in Franchisee’s Mandatory Arbitration Policy Violates NLRA
By Beth Graham - January 2, 2017
Once again, a National Labor Relations Board (“NLRB”) administrative law judge has ruled an employer maintained an arbitration agreement that illegally required workers to waive their right to engage in collective action as a condition of employment.
The Continuing Struggle Over Class Action Waivers in Arbitration
By Robert L. Arrington - December 22, 2016
In the case of D.R. Horton, Inc., 357 N.L.R.B. 184 (2012), the NLRB held that the adoption of a mandatory arbitration plan for employees containing a class and collective action waiver was unlawful because such provisions are an unfair labor practice under Section 7 of the National Labor Relations Act ("NLRA"), which protects the right of employees to act in concert.
NLRB Trend Citing Murphy Oil in Class Waiver Cases Continues
By Beth Graham - December 21, 2016
Late last month, a National Labor Relations Board (“NLRB”) administrative law judge issued an order in Private National Mortgage Acceptance Co., LLC and Richard Smigelski, No. 20-ca-170020 (November 29, 2016).
Legal Research
Recent Posts
Search
Legal Research
© 2026, Karl Bayer. All rights reserved. Privacy Policy