Labor and Employment Law Blog

SCOTUS to Address Current Split Over Enforceability of Class Action Waivers Contained in Mandatory Arbitration Policies

Many employers have implemented mandatory arbitration policies requiring that all employment related disputes be resolved through final and binding arbitration rather than in traditional court proceedings. In addition to these potential benefits, many employers have added class action waivers to their arbitration policies, in essence requiring that claims be brought on an individual basis only, and […]

October 13, 2017 | 2 min read | Tagged: Arbitration, Class Action Waiver, Employment Arbitration Agreements, Protected Concerted Activity, Section 7

Bill Hayden Of Counsel

Ninth Circuit Invalidates Class Action Waivers Contained in Employment Arbitration Policies

The Ninth Circuit, currently joined by two other federal courts of appeal, has adopted the longstanding position of the National Labor Relations Board (“NLRB”) that class action waivers commonly found in employment arbitration agreements violate the right to engage in protected concerted activity pursuant to the National Labor Relations Act (“NLRA”). Two other federal courts […]

August 25, 2016 | 1 min read | Tagged: Class Action Waiver, Employment Arbitration Agreements, FAA, NLRA, Protected Concerted Activity

Bill Hayden Of Counsel