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Employment Disputes
NLRB Continues to Assert Class Waivers in Employment Agreements Violate the NLRA
By Beth Graham - December 20, 2016
The National Labor Relations Board (“NLRB”) is at it again. In Service Employees Int’l Union v. Montecito Heights Healthcare & Wellness Centre, LP, No. 31-CA-129747 (November 30, 2016), an NLRB administrative law judge ruled that a California-based nursing home maintained an illegal voluntary arbitration policy that asked workers to waive their right to engage in collective action in violation of the National Labor Relations Act (“NLRA”).
5th Circuit Overturns NLRB Yet Again in Class Arbitration Waiver Case
By Beth Graham - December 16, 2016
The nation’s Fifth Circuit Court of Appeals has overturned a National Labor Relations Board (“NLRB) decision directing banking giant Citigroup to remove the class arbitration waiver included in the company’s employment contracts.
NLRB Judge Rules Houston-Based Restaurant Chain’s Collective Action Ban Violates NLRA
By Beth Graham - December 15, 2016
Last week, a National Labor Relations Board (“NLRB”) administrative law judge ruled that a Houston-based restaurant chain violated Section 8(a)(1) of the National Labor Relations Act (“NLRA”) when it required workers to sign a mandatory arbitration agreement that included a collective action waiver.
Fifth Circuit Holds Arbitrability is a Gateway Issue Where Arbitration Agreement Exists
By Beth Graham - November 16, 2016
The Fifth Circuit Court of Appeals has ordered a worker’s Fair Labor Standards Act (“FLSA”) lawsuit to arbitration.
Delaware Bankruptcy Court Holds Employer’s Class Arbitration Waiver Violates NLRA
By Beth Graham - November 14, 2016
In a case of first impression, a Delaware bankruptcy court has ruled that a class-action waiver included in an employer’s arbitration agreement violates the National Labor Relations Act (“NLRA”) despite containing a 30-day opt-out clause.
Fifth Circuit Hears Oral Argument in Employers’ Stand-Alone Class-Action Waiver Case
By Beth Graham - September 28, 2016
For years, the United States Court of Appeals for the Fifth Circuit has maintained that a class-action waiver included in an employer’s arbitration agreement is enforceable.
Three Petitions for Certiorari Filed Over Collective Action Bans in Employment Arbitration Agreements
By Beth Graham - September 15, 2016
On September 2nd, Epic Systems Corporation filed a petition for certiorari with the United States Supreme Court following a Seventh Circuit Court of Appeals ruling which stated a mandatory class action waiver included in an employer’s arbitration agreement violated the National Labor Relations Act (“NLRA”).
Executive Order Restricts Mandatory Arbitration of Title VII Claims for Some Federal Contractors
By Beth Graham - September 14, 2016
Two years ago, President Obama signed Executive Order 13673 - Fair Pay and Safe Workplaces (“EO 13673”). Section 6 of the order contains a number of pre-dispute arbitration restrictions that will become effective on October 25th of this year.
Second Circuit Upholds Employment-Related Class-Action Waiver Requiring Individual Arbitration
By Beth Graham - September 7, 2016
On September 2nd, a panel for the Second Circuit Court of Appeals ruled in a summary order that an employer’s mandatory class action waiver requiring workers to engage in individual arbitration is enforceable and does not violate the National Labor Relations Act (“NLRA”).
Circuits Split Over NLRB Decisions Finding Class-Action Waivers in Arbitration Agreements Violate the NLRA
By Beth Graham - June 24, 2016
The National Labor Relations Board’s (“NLRB”) stance with regard to class-action prohibitions included in employment contracts appears increasingly likely to be reviewed by the United States Supreme Court in the near future.
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