In a rare unanimous decision, on a closely-watched issue, from all four sitting members of an ideologically-divided National Labor Relations Board, the Board ruled that an employer’s arbitration agreement unlawfully restricted employee access to the Board and its processes.
Continue Reading Arbitration Agreement May Not Restrict Access to NLRB Processes
One! Two! Three! Four! What Do You Say We’re Fighting For? Arbitration!
So, you say you want to avoid employment jury trials? Let’s talk.
The Federal Arbitration Act (and the law of virtually all States that have enacted a version of the Uniform Arbitration Act) favor arbitration. Contractual agreements that clearly and unmistakably set forth an intent to arbitrate disputes normally will be enforced (barring a judicial “lapse of judgment”). Key benefit: in arbitration, there is no jury! Employers know that juries are fickle, and may decide an issue based on empathy and anger rather than the rules of law enunciated in the jury instructions.
Continue Reading One! Two! Three! Four! What Do You Say We’re Fighting For? Arbitration!
U.S. Supreme Court Approves Use of Class Waivers in Employment Agreements
On May 21, 2018, the U.S. Supreme Court held in Epic Systems Corp. v. Lewis that employment agreements containing waivers of the right to bring class or collective actions over employment-related disputes are enforceable under the Federal Arbitration Act (FAA). In so doing, the Court rejected the National Labor Relation Board’s position that such waivers violate the National Labor Relations Act (NLRA) – a position subject to much controversy in the courts and federal agencies.
Continue Reading U.S. Supreme Court Approves Use of Class Waivers in Employment Agreements