Labor and Employment Law Blog

NLRB Deferral Rules to Arbitration

Many employers are unsure about the NLRB’s deferral to arbitration rules. For nearly 60 years the National Labor Relations Board (NLRB) had applied the “Spielberg/Olin” standard in cases involving whether to defer to a decision reached through a grievance/arbitration procedure in a union contract. Under this standard, the NLRB would defer IF the following factors […]

October 31, 2017 | 2 min read | Tagged: Arbitration, Collective Bargaining, Employment Arbitration Agreements

Jerry Morales Of Counsel

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