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Snell & Wilmer’s Labor and Employment Law Blog provides breaking news and updates on legal issues facing employers.Topics
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Employers May Prohibit Employees From Opting In To Class Actions
Last year, in Epic Systems Corp v. Lewis, the Supreme Court held that employers act lawfully when they require employees, as a condition of employment, to enter into agreements with the employer waiving their rights to pursue employment claims through … Continue reading
Posted in Arbitration, Class Action, NLRB
| Tagged Arbitration, Class Action Waiver, Employment Arbitration Agreements
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United States Supreme Court Continues Its Trend of Enforcing Individual Employment Arbitration Agreements
Approximately one year ago, the United States Supreme Court issued its landmark decision in Epic Systems v. Lewis, 548 U.S. ___ (2018), holding that class action waivers contained in arbitration agreements, including agreements between employers and their employees, are permissible … Continue reading
Posted in Arbitration, Class Action
| Tagged Class Action Waiver, Employment Arbitration Agreements, Epic Systems, Ernst & Young LLP, Lamps Plus, Lewis, Morris, Murphy Oil, Ninth Circuit, NLRB, SCOTUS, Section 7, Supreme Court, Wage & Hour
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Transportation Workers Get a Green Light to Ignore Arbitration Agreements for Wage Claims
The California Court of Appeal in Nieto v Fresno Beverage Company took the position that a driver who delivered beverages solely within the state of California was nonetheless a “transportation worker” who was exempt from the Federal Arbitration Act (“FAA”) … Continue reading
Posted in Arbitration, California, Class Action
| Tagged California Court of Appeal, California Labor Code, Class Action Waiver, FAA, Federal Arbitration Act, Nieto, Section 229
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Supreme Court Blesses Employers’ Use of Class Action Waivers
As previously reported on October 13, 2017, see here, the Federal Courts of Appeal were evenly divided on the question of whether class action waivers contained in otherwise enforceable employment arbitration agreements were permissible. Three Courts of Appeal, i.e., the … Continue reading
Posted in Class Action, NLRA, NLRB
| Tagged Class Action Waiver, Employment Arbitration Agreements, Protected Concerted Activity, SCOTUS, Section 7, Supreme Court
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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 … Continue reading
Posted in Class Action, NLRA, NLRB
| Tagged Arbitration, Class Action Waiver, Employment Arbitration Agreements, Protected Concerted Activity, Section 7
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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 … Continue reading
Posted in Class Action, Hiring, NLRB
| Tagged Class Action Waiver, Employment Arbitration Agreements, FAA, NLRA, Protected Concerted Activity
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