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

15 Jun 2017 ‘Let’s Get Ready To Rumble!’ Class Action Waiver Battle Kicks Off At Supreme Court

  The class action waiver battle between employers and the National Labor Relations Board (NLRB) has been brewing for years. It’s finally coming to a head, as the U.S. Supreme Court agreed to resolve the dispute earlier this year and a group of employers just filed their opening briefs in the matter.   Class action waivers are a tool utilized by companies to blunt costly and time-intensive class or collective claims brought by a large…

READ MORE
1

31 May 2017 A Growing Divide: Sixth Circuit Decision To Invalidate Class/Collective Action Waiver Widens Appellate Court Split

  On May 26, the U.S. Court of Appeals for the Sixth Circuit sided with the National Labor Relations Board (NLRB) in finding that an employer unlawfully included a “class action waiver” within a mandatory arbitration program applicable to its employees. In NLRB v. Alternative Entertainment, Inc., the Sixth Circuit specifically found that the company’s arbitration pact barring employees from pursuing class-action litigation or collective arbitration of work-related claims violated Section 7 of the National Labor…

READ MORE
0

21 Jun 2013 Supreme Court’s AmEx Class Action Waiver Decision Spells Trouble for NLRB

The Supreme Court yesterday overturned a Second Circuit decision that invalidated arbitration agreements American Express entered into with merchants. The Court ruled the plaintiffs must arbitrate their claims individually, rather than pursuing them court. This is the latest in a string of recent Supreme Court decisions that have supported arbitration agreements containing class action waivers. While not an employment case, the decision should offer further support to employers who choose to implement arbitration programs that include waiver of…

READ MORE