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All articles tagged '"Fair Labor Standards Act"'
7 articles found
The Impact of Epic Systems in the Labor and Employment Context
By Beth Graham - March 7, 2019
Lise Gelernter, Teaching Faculty at SUNY Buffalo Law School, has published a comment titled, “The Impact of Epic Systems in the Labor and Employment Context,” 2019 Journal of Dispute Resolution 115; University at Buffalo School of Law Legal Studies Research Paper No. 2018-014.
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 Again Rules Class-Action Arbitration Waivers Violate the NLRA
By Beth Graham - December 1, 2014
The National Labor Relations Board (“NLRB”) has once again ruled that class-action arbitration waivers are unenforceable under the National Labor Relations Act (“NLRA”). In Murphy Oil USA, Inc., 361 NLRB No. 72 (Oct. 28, 2014), a company, Murphy Oil, required an Alabama employee to sign a binding arbitration agreement as a condition of employment.
Fifth Circuit Holds Class Arbitration Waivers Do Not Violate the NLRA
By Beth Graham - December 4, 2013
The Fifth Circuit has ruled that employers may require workers to resolve employment disputes through individual arbitration.
The Court’s 2012 Class Act: A Little Bit of This, a Little Bit of That
By Beth Graham - August 19, 2013
University of Texas School of Law Professor Linda S. Mullenix has published, The Court's 2012 Class Act: A Little Bit of This, a Little Bit of That, Preview of United States Supreme Court Cases, Vol. 40, No. 8, pp. 328-335 (Aug. 10, 2013); U of Texas Law, Public Law Research Paper No. 516.
S.D. Texas Holds Arbitral Agreement Enforceable in Employment Dispute
By Beth Graham - April 2, 2013
The Southern District of Texas has compelled a dispute between an oil worker and his former employer to arbitration. Because the parties entered into a valid agreement to arbitrate, the Southern District of Texas granted Brand’s motion to dismiss the case and compelled the employment dispute to arbitration.
Middle District of Pennsylvania Holds that D.R. Horton Does Not Conflict with Concepcion
By Victoria VanBuren - October 2, 2012
by Jeremy Clare The United States District Court for the Middle District of Pennsylvania denied a motion for reconsideration of the court’s order compelling arbitration because plaintiffs failed to establish a change in controlling law. Background In Brown v. Trueblue, Inc., No. 10-CV-0514 (M.D. PA April 16, 2012), Stephen Brown and Matthew Jury (“plaintiffs”), two employees of Trueblue, a temporary staffing agency, filed a complaint with the dis
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