Tag: arbitration

Class Action Waivers in Employment Agreements Are No Longer Enforceable in the Ninth Circuit

If your company uses a class action waiver in your employment agreements and you are located in Alaska, Arizona, California, Guam, Hawaii, Idaho, Montana, Nevada, the Northern Mariana Islands, Oregon, or Washington, you are out of luck.  Thanks to a recent decision from the Ninth Circuit Court of Appeals (which has jurisdiction over the aforementioned … Continue Reading

United States Supreme Court Once Again Rejects California’s Attempt To Void Class Arbitration Waivers

In DIRECTV, Inc. v. Imburgia, a decision released this week, the United States Supreme Court rejected the California Court of Appeal’s interpretation of a binding arbitration provision that would have rendered unenforceable a class arbitration waiver provision.  In doing this, the Supreme Court once again affirmed the primacy of the Federal Arbitration Act (“FAA”) and … Continue Reading

Anti-Arbitration Bill Approved by California Legislature

* October 11, 2015 Update: Governor Brown announced he has vetoed AB 465 On August 27, 2015, the California Assembly approved AB 465. The bill, which was approved by the California Senate on August 24, would prohibit California employers from requiring most individuals to enter into arbitration agreements as a condition of their employment. For … Continue Reading

NLRB Attempts to Make an End Run Around Courts Invalidating its Rulings on Arbitration Agreements

On October 28, 2014, the National Labor Relations Board (“NLRB”) issued its decision in Murphy Oil USA Inc., once again attempting to prohibit employers from requiring employees to enter into agreements to arbitrate employment disputes if those agreements preclude collective or class action litigation. As we have blogged about in the past, this new decision … Continue Reading

Foiled Again: DR Horton Overturned (But Be Careful How You Phrase Your Arbitration Agreement)

Earlier this week, a three judge panel of the Fifth Circuit Court of Appeals issued its long-awaited decision in DR Horton Inc. v. NLRB. As expected by most labor lawyers, including us, the Fifth Circuit (with one judge dissenting) overruled the National Labor Relations Board’s dramatic extension of the law, that employers could not require employees … Continue Reading

Chasm Continues To Widen, For Now, Between NLRB and Federal Courts On Enforceability Of Class Action Waivers In Employment Agreements

Just last week, in the case GameStop Corp., a National Labor Relations Board (NLRB) administrative law judge applied recent Board precedent and ignored contrary cases from federal courts to find an employer’s arbitration agreement was unenforceable because it waived the right of employees to bring class or collective actions.  While the decision has yet to be … Continue Reading

Oregon Court of Appeals Upholds Enforceability of Employer Arbitration Agreement

In the recent case Hatkoff v. Portland Adventist Medical Center, the Oregon Court of Appeals affirmed enforcement of a company arbitration provision in an employee handbook requiring that a former employee bring his employment discrimination claims in binding arbitration. The Court’s opinion offers a straight-forward application of the law regarding the enforceability of arbitration agreements, and … Continue Reading

NLRB Finds Employee Arbitration Agreement Waiving Class Claims Violates Federal Labor Law

In DR Horton, a decision issued on January 3 and applicable to most private sector employers, whether unionized or not, the National Labor Relations Board (NLRB) held that federal labor law prevents employers from requiring their employees, as a condition of employment, to agree to broad waivers that would deny their right to pursue employment-related class … Continue Reading

The First Monday in October: Supreme Court Roundup

The first Monday in October traditionally marks the beginning of the United States Supreme Court’s yearly term – and it provides an excellent opportunity to look at the cases the Court will be hearing this year.  In an earlier post, the World of Work brought you detailed discussion of the Court’s only Title VII case this term:  Lewis v. City of Chicago.  … Continue Reading

2009 Mid-Term Federal Legislative Update

We expected many changes in federal labor and employment law in 2009 – for the first time in years, Democrats control the White House and both houses of Congress and have the political ability to make significant reforms.  However, not much has happened in 2009: we have only significant labor and employment bill signed into … Continue Reading

Online Game Educates on EFCA, Tattooing

We have a favorite new website here at the Stoel Rives World of Employment:  Card Checked:  The Game (sorry, failblog.org).  Card Checked is an online game where you can play a "young and talented tattoo artist living in America where the Employee Free Choice Act (EFCA) has become the law of the land."  As a … Continue Reading

New Senate Bill Would Bar Mandatory Arbitration of Employment Claims

A bill introduced in the United States Senate late last month will, if passed, prohibit mandatory, pre-dispute arbitration agreements in employment.  Senate Bill 931, also known as the Arbitration Fairness Act of 2009 (AFA) was introduced by Sen. Russ Feingold (D-Wis.) and seven co-sponsors.  A similar bill, HR 1020, was introduced in the House of Representatives … Continue Reading

U.S. Supreme Court to Hear Six L&E Cases This Term

The U.S. Supreme Court opened its 2008-2009 term on October 6 with six labor and employment law cases on its docket.  (For docket information and questions presented, click on the name of the case).  Locke v. Karass:  may a public employee union may charge nonmembers for representational costs for litigation expenses incurred by the international union on … Continue Reading

Oregon: Arbitration Agreements Need Not Contain Express Waiver of Jury Trial

Late last month, the Oregon Court of Appeals held that an arbitration agreement between an employer and an employee need not contain an express waiver of the employee’s right to a jury trial to be enforceable.  The opinion can be read here:  Hays Group, Inc. v. Biege.  In Hays Group, a trial court denied an employer’s motion to compel … Continue Reading
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