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NLRB Judge Finds Class Waiver in Franchisee’s Mandatory Arbitration Policy...

Once again, a National Labor Relations Board (“NLRB”) administrative law judge has ruled an employer maintained an arbitration agreement that illegally required workers to waive their right to engage...

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SCOTUS Finally Agrees to Consider Whether Class Action Waivers Included in...

The United States Supreme Court has granted certiorari in three cases related to the legality of class action waivers included in an employer’s arbitration agreement.  In its order granting certiorari,...

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Sixth Circuit Sides with Seventh, Ninth Circuits on Issue of Class Waivers...

The United States Court of Appeals for the Sixth Circuit has ruled that an employer may not prohibit employees from pursuing collective action litigation or arbitration for work-related claims.  In...

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DOJ Flips on Class Waivers Issue

On Friday, the United States Department of Justice (“DOJ”) made an abrupt about-face on the issue of whether a class waiver included in an employer’s arbitration agreement violates the National Labor...

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SCOTUS to Hear Oral Argument in Murphy Oil on October 2nd

On the first day of its new term, the United States Supreme Court will hear oral argument regarding whether class-action waivers included in an employer’s arbitration agreement are lawful under the...

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5th Circuit Upholds Class Waiver Without an Arbitration Agreement

In a 2-1 decision, the United States Court of Appeals for the Fifth Circuit has overturned a National Labor Relations Board (“NLRB”) ruling stating an employer may not require job applicants to sign a...

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NLRB Files Responsive Brief in Murphy Oil Case

In October, the United States Supreme Court will hear oral argument in the consolidated cases of National Labor Relations Board v. Murphy Oil USA, No. 16-307 (5th Cir., October 26, 2015), Epic Systems...

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5th Circuit Once Again Upholds Class Waiver Absent an Arbitration Agreement

The United States Court of Appeals for the Fifth Circuit has once again overturned a National Labor Relations Board (“NLRB”) decision stating an employer’s collective action waiver that is not included...

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SCOTUS to Consider Murphy Oil, Epic Systems, and Ernst & Young Today

Today, the United States Supreme Court will hear oral argument regarding whether a collective action ban included in an employer’s arbitration agreement is lawful under the National Labor Relations...

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U.S. Supreme Court Sides With Employers Over Class Arbitration Waivers

The United States Supreme Court has finally decided whether a collective action ban included in an employer’s arbitration agreement is lawful under the National Labor Relations Act (“NLRA”).  In a 5-4...

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