Yesterday marked the first day of the United States Supreme Court’s new term, and the first case heard (Epic Systems Corp. v. Lewis) was one of interest to employers around the country. In several cases consolidated before the Court on appeal, the National Labor Relations Board (“NLRB”) found employer arbitration agreements that included waivers of … Continue Reading
Search Results for: class action waiver
Class Action Waivers: Two More Fifth Circuit Opinions Favor Waivers Over NLRB Challenges
In early August, the United States Court of Appeals for the Fifth Circuit issued two decisions regarding class and collective action waivers. Like its earlier decisions in D.R. Horton, Inc. and Murphy Oil USA, Inc., both decisions supported employers’ use of waivers to eliminate group lawsuits against them in employment cases. The two new cases, … Continue Reading
Sixth Circuit Joins Two Sister Circuits In Holding That Class Action Waivers In Employment Arbitration Agreements Violate National Labor Relations Act
Court joins Seventh and Ninth Circuits in holding that employer’s requiring employees to waive class and collective action procedures as a condition of employment is unenforceable, but issue will be resolved late this year by United States Supreme Court The issue of whether an employer can require, as a condition of employment, that an employee … Continue Reading
Momentum Continues Against Validity of Class and Collection Action Waivers – Delaware District Court Judge Refuses to Enforce Class Action Waiver
We have been closely monitoring the battle over the legality of class and collective action waivers under the National Labor Relations Act (NLRA). The National Labor Relations Board (NLRB) has been steadfast in its position that such waivers run afoul of the NLRA. The Fifth Circuit was the first Circuit Court to weigh in, consistently … Continue Reading
US California Supreme Court Says Class Action Waivers in Arbitration Agreements Okay, but No Waiver of Private Attorneys General Act Claims
In a long-awaited decision that employers hoped would clarify the enforceability of arbitration agreements under California law, the California Supreme Court in Iskanian v. CLS Transportation [PDF] split on the two issues before it. The California high court held that class action waivers in arbitration agreements are enforceable but that waivers of claims under the … Continue Reading
Fifth Circuit Overrules Key Portion of recent NLRB Decision – Arbitration Agreements Containing Class Action Waivers Held Enforceable
In a highly anticipated decision, the Fifth Circuit Court of Appeals declined to enforce the key portion of the National Labor Relations Board’s (NLRB) decision in D.R. Horton, Inc. In January 2012, the NLRB ruled that an arbitration agreement between an employer and an employee that required the employee to bring any claims against the … Continue Reading
U.S. Supreme Court Upholds Class Action Waiver in Arbitration Agreement
In a much anticipated follow-up to its 2011 decision in AT&T Mobility, LLC v. Concepcion, the U.S. Supreme Court held that a class action waiver in a commercial arbitration agreement between American Express and merchants who accept its charge cards is enforceable under the Federal Arbitration Act, even if the costs the individual merchants would … Continue Reading
Ninth Circuit Widens Circuit Split on Enforceability of Class and Collective Action Waivers In Individual Employment Arbitration Agreements
Ninth Circuit joins Seventh Circuit in holding that class and collective action waivers in arbitration agreements violate the National Labor Relations Act and therefore are unenforceable. The question is straightforward enough: does an employer violate the National Labor Relations Act (NLRA) by requiring that employees sign an agreement to arbitrate any claims concerning their wages, … Continue Reading
Seventh Circuit Goes It Alone – Upholds NLRB Decision Holding That Class and Collective Action Waivers in Arbitration Agreements Are Unlawful and Unenforceable
The court is the first federal appellate court to accept the NLRB’s position on the issue The long-running teeter-totter battle between National Labor Relations Board (NLRB or Board) and employers regarding the lawfulness of class and collective action waivers in employment arbitration agreements continues. Joining the fray this week is the U.S. Court of Appeals … Continue Reading
NLRB Not Waffling on Pre-employment Class-Action Waivers Despite Fifth Circuit Reversals
Nearly two years after Waffle House Inc. employee Carrie Harris filed an unfair labor practices charge, the Georgia-based breakfast chain was unable to butter up the National Labor Relations Board (NLRB). Harris’ complaint alleged that Waffle House’s arbitration agreement that employees were required to execute as a condition of their employment violated the National Labor … Continue Reading
