Employment Law Alerts

Supreme Court OK's Class Waivers in Employment Arbitration Agreements

Posted on May 21, 2018 at 3:05 PM

Topics: 2018, Arbitration, Wage and Hour, National Labor Relations Board

In a big win for employers, the U.S. Supreme Court has ruled that the Federal Arbitration Act (FAA) requires courts to enforce mandatory arbitration agreements that contain class waiver provisions. This new decision in a trio of cases -- Epic Systems Corp., Murphy Oil USA Inc., and Ernst & Young LLP -- rejects the argument that class waivers violate Section 7 of the National Labor Relations Act (NLRA) because they interfere with the enforcement of employee rights under the Fair Labor Standards Act and related state wage and hour laws.

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The NLRB Pendulum Has Swung

Posted on December 20, 2017 at 10:59 AM

Topics: 2017, National Labor Relations Board

In our October 11, 2017 Employment Law Alert, The NLRB Pendulum Is About to Swing, we indicated that with a Republican majority for the first time in over decade, the National Labor Relations Board was poised to overturn a number of “labor-friendly” cases that were decided during the Obama Administration. That process was set in motion on December 1, 2017, when new NLRB General Counsel Peter Robb issued GC Memorandum 18-02 (the “Memorandum”), setting out a broad agenda to revisit many Obama-era decisions. The Memorandum instructed the Board’s Regional Offices to seek “alternative analysis” from the NLRB's Division of Advice on a range of issues before issuing Complaints, including on matters involving joint employer status, employee handbook rules, and more.

Last week, the reversals began – and since then, the Board has issued five new cases, all decided by a 3-2 majority along party lines. The latest decision came in just under the wire before Republican appointee Board Chair Miscimarra’s term expired on Saturday, December 16.  While the NLRB pendulum will continue to swing, we may see a short lull until a new Board member is confirmed to replace Chair Miscimarra.

In the meantime, here’s an overview of the new reversals.

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The NLRB Pendulum Is About to Swing

Posted on October 11, 2017 at 9:50 AM

Topics: 2017, National Labor Relations Board

With recent Senate confirmations of the Trump Administration’s nominees to the National Labor Relations Board, the Board will have a Republican majority for the first time in over a decade. And when the nominee for General Counsel is confirmed, the table will be set for the Board to overturn a number of cases and rules that were decided and implemented during the Obama Administration, when the Board issued a string of union- and employee-friendly rules and decisions.

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With or Without You: Dealing With "Day Without" Absences From Work

Posted on March 6, 2017 at 9:00 AM

Topics: 2017, Immigration, National Labor Relations Board

On February 16, 2017, immigrants and their supporters across the country participated in a “Day Without Immigrants.”  They called off work and closed their wallets, to underscore the value of their contributions to the United States’ economy.  Many employers were supportive of the protest and some even closed their businesses in solidarity.  Other employers disciplined or terminated employees who did not show up or walked out.

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