Tag Archives: NLRB

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

Photo of John LewisBy John Lewis on 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

DOJ Changes Position in a Class Waiver Case Pending Before the Supreme Court

Photo of John LewisBy John Lewis on Posted in Class Action Waivers
Last Friday, the U.S. Department of Justice (DOJ), in a rare move, changed its position in a class waiver case pending before the U.S. Supreme Court. On Jan. 13, 2017, the Court granted certiorari in three consolidated cases to resolve whether arbitration agreements with class and collective waivers are enforceable under the Federal Arbitration Act … Continue Reading

Justices to Consider Arbitration Agreements With Class Waivers – The End of the Beginning?

Photo of John LewisPhoto of Dustin DowBy John Lewis and Dustin Dow on Posted in Arbitration
Apologies to Winston Churchill,[1] but the conflict over the enforcement of arbitration agreements with class waivers has become an ongoing legal and ideological struggle. Some view individual arbitration as a quicker and less costly means to resolve employment disputes, while others believe it is a means to deprive employees of their legal rights. Since 2012, … Continue Reading

Following Precedent: Second Circuit Reaffirms Position Upholding Arbitration Agreements With Class Action Waivers

Photo of John LewisBy John Lewis on Posted in Arbitration, NLRB
Amid contrary decisions by the Seventh and Ninth Circuits, the Second Circuit followed its earlier precedent in Patterson v. Raymours Furniture Co., No. 15-2820 (Sept. 2, 2016), enforcing an Employment Arbitration Program (EAP) that requires employees to submit their employment and compensation claims to individual arbitration. The EAP, however, permits employees to file charges and … Continue Reading

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

Photo of John LewisBy John Lewis on 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?

Photo of Kelline R. LintonBy Kelline R. Linton on 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

High-Court Showdown Looming? NLRB Defends D.R. Horton Section 7 Decision with Full-Throated Rebuttal in Murphy Oil

Photo of Dustin DowBy Dustin Dow on Posted in Arbitration, NLRB
In the wake of federal circuit courts rejecting its position on the issue of class action waivers, the National Labor Relations Board is digging in its heels, perhaps preparing itself for a Supreme Court battle.  Employers must continue to beware that their employment arbitration agreements barring class claims may still be found unenforceable by the … Continue Reading

Does D.R. Horton Apply Arbitration Agreements Without A Class Action Waiver?

Photo of Greg MersolBy Greg Mersol on Posted in Arbitration, NLRB
Our sister blog, Employment Law Spotlight, recently reported on the decision of an NLRB administrative law judge regarding the legality of an arbitration agreement under D.R. Horton, Inc., 357 NLRB No. 184 (2012).   We all know that D.R. Horton held that class action waivers in arbitration agreements might be unfair labor practices because of their … Continue Reading

Fifth Circuit Rejects NLRB’s D.R. Horton Decision – Too Soon For Champagne?

Photo of John LewisBy John Lewis on Posted in Arbitration, NLRB
Co-Authored By: Todd A. Dawson Arbitration is quickly becoming a major vehicle to resolve individual employee disputes.  Now another obstacle to enforcing those arbitration agreements and class action waivers may have been removed. The Fifth Circuit issued a 2-1 decision on Tuesday in which the court largely denied enforcement of the National Labor Relations Board’s … Continue Reading

That’s A Spicy Meatball!

Photo of Todd DawsonBy Todd Dawson on Posted in Antitrust
What Does The Supreme Court’s Decision In Italian Colors Mean For The NLRB’s D.R. Horton Decision?  As our readers will no doubt recall, the Supreme Court boldly struck a blow for truth, justice and the American Way a few years ago in its approval of class action waivers in AT&T Mobility v. Concepcion, 131 S. … Continue Reading

California Appellate Court Orders Arbitration and Rules that Claims May Not Proceed On Behalf of a Class: Plaintiff in Macy’s OT Action Gets What She Bargained For

Photo of Greg MersolBy Greg Mersol on Posted in Arbitration, Retail
Authored by: Dawn Kennedy A recent decision from a California court of appeals reflects a growing, if at times reluctant, acceptance by California courts of employment arbitration.  In Outland v. Macy’s Department Stores, Inc., Case No. A133589 (Ct. Cal. App. Jan. 16, 2013) a former group sales manager for defendant Macy’s Department Stores filed a … Continue Reading

The Debate Continues: Recent Eighth Circuit Decision Adds to the Growing Tension between Federal Courts and the NLRB Regarding the Enforceability of Class Action Waivers in Arbitration Agreements

Photo of Greg MersolBy Greg Mersol on Posted in Arbitration
Authored by: Ericka Spears Much like a war where each side steadily amasses victories and defeats, the federal courts and the National Labor Relations Board (NLRB) continue to have diverging opinions on the enforceability of class action waivers in arbitration agreements. Federal courts have won the most recent battle in the war. In Owen v. … Continue Reading

NLRB Judge Follows D.R. Horton Despite Differences In Company’s Arbitration Procedure

Photo of John LewisBy John Lewis on Posted in Arbitration
A National Labor Relations Board (“NLRB”) Administrative Law Judge (“ALJ”) found a company’s mandatory arbitration agreement violated the National Labor Relations Act (“NLRA”) despite the fact that its arbitration procedure permitted employees to act concertedly to challenge the terms of the agreement and provided the parties could jointly agree to class claims. On July 2, … Continue Reading

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

Photo of Greg MersolBy Greg Mersol on 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

NLRB Holds Class Action Waivers Violate the National Labor Relations Act

Photo of John LewisBy John Lewis on Posted in Arbitration, FLSA
In the much anticipated ruling in D.R. Horton, Inc. and Michael Cuda.pdf, released Friday, January 6, the National Labor Relations Board (“NLRB”) held that the Company violated Section 8(a)(1) of the National Labor Relations Act (“NLRA”) by “requiring employees to waive their right to collectively pursue employment-related claims in all forums, arbitral and judicial.” The … Continue Reading
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