SCOTUS finally delivered its decision today in Epic Systems Corp. v. Lewis, the consolidated case that addresses whether employers can require employees to give up their right to class or consolidated litigation as part of an arbitration agreement. In a 5-4 decision authored by Justice Gorsuch, the Court found that class action waivers are
Sixth Circuit Adds to a Growing Circuit Split; SCOTUS to Decide Scope of Employees' Arbitration Rights
By Liz Kramer on
Posted in Class Arbitration, Year In Review
In National Labor Relations Board v. Alternative Entertainment, Inc., No. 16-1385, 2017 WL 2297620 (6th Cir. May 26, 2017), the Sixth Circuit joined the Seventh and Ninth Circuits in upholding the NLRB’s decision that barring an employee from pursuing class action or collective claims violates the NLRA. Already lined up on the other side…
Same Arbitration Story, Different Jurisdiction: NAF, NLRB, and Nursing Homes
By Liz Kramer on
Some arbitration topics just never die. This post strings together new cases on three of those topics: 1) whether arbitration agreements that call for the now-defunct National Arbitration Forum (NAF) are enforceable; 2) formation fights in nursing home agreements; and 3) the continuing fight between the NLRB and the courts over class action waivers in…
Fifth Circuit Overrules NLRB, Finds D.R. Horton May Preclude Class Arbitration
By Liz Kramer on
After three federal circuits had already refused to defer to the NLRB’s decision in D.R. Horton, it is not surprising that the Fifth Circuit yesterday overruled the NLRB’s critical holding: that precluding class arbitrations is a violation of federal labor law. D.R. Horton, Inc. v. Nat’l Labor Relations Bd., __ F.3d __, 2013…