Recent Posts
The Legal Stuff
BT Labor Relations - Current News and Practical Analysis
1

02 Oct 2017 D.R. Horton Reaches New Heights – U.S. Supreme Court Hears Oral Arguments

  On Oct. 2, the U.S. Supreme Court heard oral arguments in a consolidated trio of cases all addressing whether class action waivers in individual arbitration agreements violate the National Labor Relations Act (NLRA).   In D.R. Horton, the National Labor Relations Board (NLRB) held such class action waivers violated the NLRA. Appeals followed to various federal circuit courts, with the U.S. Court of Appeals for the Fifth, Eight and Second Circuits striking down the…

READ MORE
0

27 Sep 2017 High Court to Resolve Whether Class Action Waivers Violate NLRA

  On Oct. 2, the U.S. Supreme Court will resume its fall session and tackle, among other issues, whether class action waivers in arbitration agreements are valid and enforceable under Section 7 of the National Labor Relations Act (NLRA). The court will consider a consolidated set of cases emerging from the U.S. Court of Appeals for the Fifth, Seventh and Ninth Circuits, which have taken conflicting views on this question. The court’s resolution of this…

READ MORE
2

19 Jun 2017 Fahrenheit 180: DOJ Reverses Course, Abandons NLRB at Supreme Court in Class Action Fight

  The heat is turning up at the U.S. Supreme Court. Arguments to the Court regarding whether class action waivers should be permitted in the employment context recently just kicked off, and a major unexpected development already has emerged. On June 16, the Department of Justice (DOJ) did a 180 and filed a brief in support of three companies who are opposing the National Labor Relations Board (NLRB) before the Court. The DOJ previously supported…

READ MORE
0

13 Jan 2017 U.S. Supreme Court to Decide D.R. Horton Arbitration Waiver Issue

  The U.S. Supreme Court on Friday agreed to hear three cases all related to the National Labor Relations Board (NLRB) decision in D.R. Horton in which the NLRB held that companies that require employees to sign class action waivers violate their rights to act collectively under Section 7 of the National Labor Relations Act (NLRA).   Though class action waivers have previously been upheld by the U.S. Supreme Court under the Federal Arbitration Act…

READ MORE
0

28 Dec 2015 It Looks Like the Supreme Court will Disapprove of the NLRB’s Continued Attack On Class Action Waivers…But When Will We Know For Sure?

Earlier this month in DIRECTV, Inc. v. Imburgia, the U.S. Supreme Court cited its own precedent and concluded that courts must enforce waiver provisions in arbitration agreements that prohibit the formation of class actions – even if “the law of your state” otherwise dictates that these provisions should be invalidated. This ruling is consistent with many other decisions by the court in recent years holding that “class action waivers” are lawful. While many of these…

READ MORE
0

03 Nov 2014 NLRB Continues To Invalidate Class Action Waivers In Mandatory Arbitration Programs

While federal courts around the country – including the U.S. Supreme Court – continue to generally uphold “class action waivers” in mandatory arbitration programs, the NLRB continues to go the other way and find that such provisions violate the NLRA. Employers who have arbitration programs that require employees to have claims against companies heard in front of arbitrators rather than courts often include “class action waivers” in their programs. The waivers prohibit employees from forming…

READ MORE