The U.S. Supreme Court has agreed to decide whether class action waivers in employment arbitration agreements violate the National Labor Relations Act. The Supreme Court’s action promises the much-anticipated resolution of the circuit court split on the issue. The Court on January 13, 2017, granted certiorari in National Labor Relations Board v. Murphy Oil USA
Arbitration Waiver
Fifth Circuit Pressed to Join Growing Court Rejection of NLRB’s D.R. Horton Decision
By Howard M. Bloom & Thomas V. Walsh on
Posted in NLRA
As we previously reported in this Blog, one of the more expansionist – and controversial – NLRB decisions of 2012 was D.R. Horton, 357 NLRB No. 184, in which the Board held that employers may not require as a condition of employment that employees agree to a blanket waiver of rights to pursue…
Arbitration Waivers Interfere with Employee Rights, NLRB Rules
Requiring individual employees as a condition of employment to sign arbitration agreements waiving their right to bring joint, class or collective actions, both in arbitration and in the courts, violates federal labor law, the National Labor Relations Board has held. The National Labor Relations Act, the Board said, confers on employees the right to pursue…