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
On January 20, the United States Supreme Court denied a motion for certiorari filed by CLS Transportation which was appealing the California Supreme Court’s decision in Iskanian v. CLS Transportation, about which we blogged in June. While Iskanian generally vindicated employers’ right to enforce class action bans in arbitration agreements, the California Supreme Court distinguished … Continue Reading
A three-member majority of the National Labor Relations Board on October 28 reaffirmed employees’ right to bring class and collective action claims [pdf]. In a case against Murphy Oil USA, the Board stood by its earlier decision in D.R. Horton, Inc. [pdf] in which it ruled that requiring employees to waive their right to bring class and … Continue Reading
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
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
1. Mind your tongue. Racial slurs and comments are never appropriate in the workplace and never when used by the boss. Failing to take action when you learn of employees at any level using racial or ethnic slurs undermines efforts to create a harassment free environment and opens the door to serious liability. 2. Pay people fairly. … Continue Reading
The United States Supreme Court issued a decision in AT&T Mobility v. Conception, that the Federal Arbitration Act (“FAA”) prohibits states from conditioning the enforceability of arbitration agreements on the availability of class arbitration. Prior to this ruling, many courts had refused to enforce employment and consumer arbitration agreements which waived class actions. This week’s … Continue Reading
