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All articles tagged '"NLRB"'

37 articles found

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.

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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.

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NLRB Continues to Rule that Class Arbitration Waivers Violate the NLRA

By Beth Graham - February 2, 2016
In December, the National Labor Relations Board (“NLRB”) continued its recent trend of issuing decisions that state class action arbitration waivers included in employment agreements violate a worker’s federal rights despite recent contrary appellate court rulings.

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Ninth Circuit Considers Class Action Waiver in Arbitration Agreement Signed by Ernst & Young Workers

By Beth Graham - December 7, 2015
In November, the Ninth Circuit Court of Appeals heard oral arguments in Morris v. Ernst & Young, No. 13-16599.

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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”).

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NLRB Yet Again Rules Class Arbitration Waivers in Employment Contracts are Invalid

By Beth Graham - November 18, 2015
The National Labor Relations Board (“NLRB”) has yet again ruled that a class arbitration waiver included in an employment contract violates the National Labor Relations Act (“NLRA”).

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Fifth Circuit Adheres to D.R. Horton, Upholds Class Arbitration Waiver in Employment Dispute

By Beth Graham - November 17, 2015
The United States Court of Appeals for the Fifth Circuit has once again rejected the National Labor Relations Board’s (“NLRB”) efforts to ban class action arbitration waivers.

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Judge Finds Ride Sharing Company’s Arbitration Agreement With Network Drivers is Substantively Unconscionable

By Beth Graham - September 25, 2015
A California judge has reportedly declined to order a dispute between transportation network company Uber and a former driver to arbitration. In the case, a San Francisco Superior Court judge ruled that the arbitration clause between the parties was "substantively unconscionable" due to its contradictory language.

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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.

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Fifth Circuit Refuses to Reconsider D.R. Horton v. NLRB Decision

By Beth Graham - April 21, 2014
Last Wednesday, the United States Court of Appeals for the Fifth Circuit refused to reconsider its December opinion in which the court stated a mandatory arbitration agreement that bars a group of employees from engaging in class arbitration does not violate federal labor law.

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Disputing is published by Karl Bayer, a dispute resolution expert based in Austin, Texas. Articles published on Disputing aim to provide original insight and commentary around issues related to arbitration, mediation and the alternative dispute resolution industry.

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