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All articles tagged '"NLRB"'
37 articles found
U.S. Supreme Court Sides With Employers Over Class Arbitration Waivers
By Beth Graham - May 21, 2018
The United States Supreme Court has finally decided whether a collective action ban included in an employer’s arbitration agreement is lawful under the National Labor Relations Act.
SCOTUS to Consider Murphy Oil, Epic Systems, and Ernst & Young Today
By Beth Graham - October 2, 2017
Today, the United States Supreme Court will hear oral argument regarding whether a collective action ban included in an employer’s arbitration agreement is lawful under the National Labor Relations Act.
5th Circuit Once Again Upholds Class Waiver Absent an Arbitration Agreement
By Beth Graham - August 25, 2017
The United States Court of Appeals for the Fifth Circuit has once again overturned a National Labor Relations Board (“NLRB”) decision stating an employer’s collective action waiver that is not included in an arbitration agreement violates Section 8(a)(1) of the National Labor Relations Act (“NLRA”).
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”).
SCOTUS to Hear Oral Argument in Murphy Oil on October 2nd
By Beth Graham - August 7, 2017
On the first day of its new term, the United States Supreme Court will hear oral argument regarding whether class-action waivers included in an employer’s arbitration agreement are lawful under the National Labor Relations Act.
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 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.
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