Ninth Circuit Enforces Arbitration Class Waiver
Since the 2011 United States Supreme Court decision in AT&T Mobility v. Concepcion, appellate courts have assessed whether arbitration clauses with class action waivers are enforceable. Concepcion...
View ArticleThe Future Of Labor Unions In The U.S.
Labor unions in the United States have been struggling with declining membership for decades. After reaching an all-time high of approximately 35% unionization of private sector employees in the...
View ArticleHow The Government Shutdown Affects Employers
Tweet Share In any shutdown of the federal government, the media is quick to report on whether federal employees are “essential” or “non-essential.” Make whatever joke you want, but most federal...
View ArticleWhat To Expect From The NLRB In 2014
The NLRB is back in business. After several years in the weeds, there is now a fully constituted Board, a confirmed General Counsel and no questions as to the legitimacy of any appointments. Of...
View ArticleNLRA Does Not Prevent Class Action Waivers But Overbroad Agreements Will Not...
The Fifth Circuit Court of Appeals refused to enforce critical portions of the NLRB’s decision in D.R. Horton, Inc., including its decision that class action waivers in arbitration agreements violated...
View ArticleNew Year Opens With Demise Of The NLRB’s “Poster” Rule And Further Delay For...
While 2014 is by most accounts predicted to be a robust regulatory year for the National Labor Relations Board (“NLRB”) and the Department of Labor (“DOL”), the initial start has commenced with only a...
View ArticleU.S. Supreme Court Takes The Wind Out Of Donning And Doffing Class Actions
For years, plaintiffs’ lawyers have brought class actions against employers seeking compensation for time spent by employees putting on and taking off protective gear. The numbers have been...
View ArticleThe NLRB Takes Another Stab At Quickie Elections
Tweet Share In 2011, the National Labor Relations Board issued a rule which would have allowed for so-called “quickie” union elections. Under current rules, the time between the filing of a petition...
View ArticleNLRB Judge Finds That College Football Players Are Employees Of Their University
Today, an administrative judge at the National Labor Relations Board (NLRB) found that student athletes on Northwestern University’s football team who receive a scholarship are employees of the...
View ArticleFederal Court Enforces NLRB’s Decision To Strike Down Overbroad...
Eighteen months ago, we reported on a slate of decisions from the National Labor Relations Board (NLRB) which struck down social media, confidentiality and other similar policies from non-union...
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