Karl Bayer's Disputing Blog » Employment Disputes

Fifth Circuit Holds Class Arbitration is Issue for Arbitrator in Texas Employment Dispute

By Beth Graham - March 25, 2016

A Fifth Circuit Court of Appeals panel has held whether a group of workers may engage in class arbitration under the terms of a broadly worded arbitration agreement should be decided by an arbitrator.

NLRB Orders California Grocery Chain to Revise Arbitration Agreement Banning Workers From Maintaining Class Actions

By Beth Graham - March 21, 2016

The National Labor Relations Board (“NLRB”) has once again ordered an employer to stop “[m]aintaining and/or enforcing a mandatory arbitration policy that requires employees, as a condition of employment, to waive the right to maintain class or collective actions in all forums, whether arbitral or judicial.”

NLRB Continues Attack on Class and Collective Action Waivers

By Beth Graham - March 16, 2016

The National Labor Relations Board (“NLRB”) has ruled that an employer, Samsung Electronics, violated Section 8(a)(1) of the National Labor Relations Act (“NLRA”) by requiring workers to waive their right to engage in collective action over employment-related claims in both arbitral or judicial forums as a condition of employment.

NLRB, Fifth Circuit Continue Disagreement Regarding Class Arbitration Waivers

By Beth Graham - March 7, 2016

In early February, the National Labor Relations Board (“NLRB”) once again ruled that a class action waiver included in a mandatory arbitration agreement workers were required to sign as a condition of employment violated federal law.

In Apparent Showdown, NLRB Continues to Hold Class Arbitration Waivers in Employment Contracts Invalid

By Beth Graham - December 3, 2015

The National Labor Relations Board (“NLRB”) has once again found that an employer’s mandatory class-action arbitration waiver violates the National Labor Relations Act (“NLRA”).