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Articles Posted in Arbitration

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The Sixth Circuit says that class-action waivers violate federal labor law. Meh.

Hey, no disrespect to the Sixth Circuit Court of Appeals, and all… They decided last week in NLRB v. Alternative Entertainment (opinion here) that, under the National Labor Relations Act, an employer cannot force employees to agree to mandatory arbitration and bar collective or class action lawsuits. The former is ok, the latter…

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Amidst a recent deluge of bad sexual harassment news, Uber pulls out a shocking win

February was a bit of a crappy month for Uber. Well, aside of the millions of dollars I trust they made in fares. The month began with the vestiges of a January protest for taking fares at JFK airport, while taxis stood in solidarity with refugees. Then, there were allegations…

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Oh, it’s on! Class-action waivers to be first Supreme Court employment-law heavyweight battle of 2017

” Picture a nerdier version of the Ultimate Fighting Championship, where persuasive legal briefs and sharp oral advocacy are like rear naked chokes and “ground and pound.” The fight card. [Cue music] In the red corner, we have the Federal Arbitration Act. Among other things, the FAA allows an employer and employee…

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A Texas judge has enjoined practically all of the DOL “blacklisting” rules

Last night, while you we sleeping in your comfy beds — me, on a pile of money, blogging power and, yes, ego — a Texas federal judge entered an injunction against the final “blacklisting” rules and guidance of the U.S. Department of Labor (DOL) and the Federal Acquisition Regulatory Council. What were…

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Will the Supreme Court be the hero that employers need for their class-action waivers?

Is it just me, or do you guys also quote Varsity Blues whenever you hear the Foo Fighters sing My Hero? “I don’t want your life.” Do your employees sign agreements requiring them to arbitrate all claims, while also prohibiting them from pursuing class or collective actions? Yeah, me too. I’ll be damned…

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Don’t tear up those arbitration agreements with your employees just yet.

Its seems likes ages ago that I blogged about a Seventh Circuit decision, where the appellate court held that an employment-arbitration agreement with a class-action waiver violates the National Labor Relations Act. Uh, Eric, it was Tuesday. ***stabs inner voice with a Q-Tip*** Well, guess what? Yesterday, in Cellular Sales of Missouri…