Tag Archives: “National Labor Relations Act”

Convergys Corporation and LogistiCare Solutions, Incorporated v. NLRB – The Fifth Circuit Considers Class and Collective Action Waivers Without Arbitration Agreements

By John Lewis on August 15, 2017 Posted in Arbitration Agreements, Class Action Waivers

The U.S. Court of Appeals for the Fifth Circuit decided two cases considering the impact of the National Labor Relations Act (NLRA) on class or collective action waivers required by companies for their applicants and employees. Convergys Corporation The first decision, in Convergys Corporation v. NLRB, No. 15-60860 (5th Cir. Aug. 7, 2017), addressed whether … Continue Reading

Eighth Circuit Stays the Course in the Cellular Sales of Missouri Opinion, Rejecting the NLRB’s Arguments Against Class Waivers

By John Lewis on June 6, 2016 Posted in Class Certification, Collective Action, National Labor Relations Act

Following in the wake of an earlier opinion, the Eighth Circuit rebutted the National Labor Relations Board’s (“Board”) arguments that by requiring employees to enter into arbitration agreements with a class and collective action waiver, it violated the National Labor Relations Act (“NLRA”). This comes only a week after the Seventh Circuit ruled in favor … Continue Reading

The Board vs. the Courts: Will 2016 mark the final showdown for class action waivers in arbitration agreements?

By Kelline R. Linton on January 25, 2016 Posted in Arbitration, National Labor Relations Act, NLRB

Arbitration agreements are practical tools that help employers protect confidential information and avoid the costs associated with traditional litigation. They can also be an extremely effective mechanism for employers to reduce exposure to risky employment litigation and potentially abusive collective action claims under the Fair Labor Standards Act (“FLSA”). We’ve written extensively on the courts’ … Continue Reading

Ninth Circuit Upholds Class Action Waiver, Rejects D.R. Horton

By Todd Dawson on August 23, 2013 Posted in National Labor Relations Act

If You Can’t Beat ‘Em, Join ‘Em In a development as incongruously surprising as Lady Gaga becoming President, the Ninth Circuit has enforced a class action waiver. Richards v. Ernst & Young, Case No. 17530 (August 21, 2013). On its own, that may only have been as shocking as, say, Ralph Nader taking the Oval … Continue Reading

New York Court Rejects D.R. Horton; Orders Arbitration Despite Class Action Waiver

By Greg Mersol on January 19, 2012 Posted in Arbitration, FLSA

A great deal of intellectual energy has been spent on the issue of whether various employment arbitration agreements are enforceable, but the debate pretty much comes down to two camps. Over 80 years ago, in response to judicial reluctance to enforce arbitration agreements, Congress passed the Federal Arbitration Act. Virtually every court on both sides … Continue Reading