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All articles tagged '"NLRA"'
24 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.
Class Action Waivers in Employment Contracts: The Clash between the National Labor Relations Act and the Federal Arbitration Act
By Beth Graham - October 11, 2017
Professor Linda S. Mullenix, Rita and Morris Atlas Chair in Advocacy at the University of Texas School of Law, has written “Class Action Waivers in Employment Contracts: The Clash between the National Labor Relations Act and the Federal Arbitration Act,” 1 Preview of United States Supreme Court Cases 13 (Oct. 2, 2017); U of Texas Law, Public Law Research Paper No. 577.
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).
5th Circuit Upholds Class Waiver Without an Arbitration Agreement
By Beth Graham - August 14, 2017
In a 2-1 decision, the United States Court of Appeals for the Fifth Circuit has overturned a National Labor Relations Board (“NLRB”) ruling stating an employer may not require job applicants to sign a class-action waiver that is not included in an arbitration agreement because such a requirement violates the National Labor Relations Act (“NLRA”).
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”).
Sixth Circuit Sides with Seventh, Ninth Circuits on Issue of Class Waivers Included in an Employer’s Arbitration Agreement
By Beth Graham - June 7, 2017
The United States Court of Appeals for the Sixth Circuit has ruled that an employer may not prohibit employees from pursuing collective action litigation or arbitration for work-related claims.
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 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”).
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.
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.
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