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Showing 4 posts in Mandatory Arbitration.

SCOTUS Green Lights Class Action Waivers in Major Win for Employers

The United States Supreme Court ruled earlier this week that employees must submit claims to arbitration on an individualized basis when their employment agreements require it, even when those claims could be brought as class or collective action under federal legislation such as the Fair Labor Standards Act. Writing for the majority, Justice Neil Gorsuch held that parties to an arbitration agreement are bound by their agreement, as the Federal Arbitration Act envisioned. The Court cited the long history of supporting private arbitration agreements as an efficient and cost-effective means of handling disputes between parties, including parties to an employment agreement who have a dispute over wages. More ›

Portion of Fair Pay and Safe Workplaces Executive Order Blocked

On Tuesday of this week, a federal judge in Texas granted a nationwide preliminary injunction blocking the portions of President Obama's "Fair Pay and Safe Workplaces" Executive Order. 

That order, signed in 2014 and scheduled to take effect on October 25, 2016, has three discrete parts, each described as being designed to help executive departments and agencies identify and work with contractors who will comply with labor laws while performing federal contracts.  More ›

No Class Action Waivers in Arbitration Agreements, Says NLRB

The National Labor Relations Board (NLRB) has decided to follow its own oft-criticized 2012 decision in D.R. Horton, holding that arbitration agreements barring class action lawsuits about working conditions, which are signed by employees as a condition of employment, are unlawful under the National Labor Relations Act. More ›

Arbitration Agreement Dos and Don’ts

We recently posted a summary of Peng v. First Republic Bank, a case discussing the validity of an arbitration agreement contained in an employment contract.  Peng is favorable for employers because the court there held that the compulsory arbitration agreement at issue was neither procedurally nor substantively unconscionable. More ›

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