The U.S. House of Representatives on November 19, 2021, passed the Build Back Better Act (H.R. 5376), ambitious climate protection/social spending legislation that now awaits deliberation in the Senate. Tucked inside the massive bill are numerous provisions of interest to employers. One such provision would amend the National Labor Relations Act (NLRA) to
arbitration agreement
Seventh Circuit Denies Full Court Review of Class Notice Question
The U.S. Court of Appeals for the Seventh Circuit has denied en banc review of a ruling that created a new framework for when employees who have entered into arbitration agreements receive collective action notices.
Earlier this year, in a case of first impression, the Seventh Circuit developed a required framework for a district court…
Supreme Court Hears Oral Argument in Lamps Plus Case
By Jeffrey L. Rudd on
On October 29, 2018, the Supreme Court heard oral argument in the case of Lamps Plus, Inc. v. Varela. At issue in Lamps Plus is what standard should be applied in determining whether parties have agreed to submit claims to class arbitration. The arbitration agreement between Lamps Plus and one of its employees did…
Jackson Lewis 2015 Employment Class Action Spring Summits
By Jackson Lewis P.C. on
Posted in Class Actions
We hope you will be able to join us this year at one of our 2015 Employment Class Action Spring Summits. These programs provide deeply substantive, extremely practical, and cutting edge solutions to class action litigation. Our firm is defending hundreds of class action cases around the country so you will hear from our very…
Fifth Circuit Reverses NLRB Ruling in D.R. Horton
By William J. Anthony on
Posted in Class Action Waivers
In reversing the NLRB’s determination that D.R. Horton, the national home-builder, violated the National Labor Relations Act (“NLRA”) by requiring employees to sign an arbitration agreement that prohibited them from pursuing claims in class or collective actions, the Fifth Circuit held that “the Board’s decision did not give proper weight to the Federal Arbitration Act,”…
Second Circuit Upholds FLSA Collective Action Waivers
By William J. Anthony on
Posted in Class Action Waivers, Fair Labor Standards Act
The United States Court of Appeals for the Second Circuit issued its much-anticipated decisions in Sutherland v. Ernst & Young and Raniere v. Citigroup Inc. affirming the use of Fair Labor Standards Act (“FLSA”) collective action waivers contained in arbitration agreements.
For an excellent summary of the Second Circuit rulings, visit Jackson Lewis’ Wage and…
Arbitrator’s Interpretation of a Contract Permitting Class Arbitration Does Not Run Afoul of the FAA
By William J. Anthony on
Posted in Class Action Waivers
The U.S. Supreme Court, with Justice Elena Kagan writing for an unanimous Court, ruled that an arbitrator did not exceed his powers under § 10(a)(4) of the Federal Arbitration Act (“FAA”) when he allowed for class arbitration based upon an interpretation of the broad contractual language in an arbitration agreement. Oxford Health Plan LLC v.