Vorys on Labor

Vorys on Labor

Insights for the Labor Relations Professional

Tag Archives: collective action

NLRB Instructs Regions to Seek Informal Settlement of Class/Collective Action Waiver Cases

Posted in NLRB
Following years of uncertainty, the U.S. Supreme Court will soon decide the legality of arbitration agreements that prohibit employees from joining employment-related class or collective actions.  The NLRB has consistently argued that employee participation in class or collective actions is protected concerted activity and that agreements barring such participation constitute an unfair labor practice. The… Continue Reading

NLRB Will Not Take “No” For An Answer on Class and Collective Action Waivers

Posted in NLRB
A fine line exists between persistence and stubbornness.  Only time (and the United States Supreme Court) will tell how the NLRB’s latest controversial decision will be categorized.  In a 3-2 ruling, the Board in Murphy Oil USA, Inc., 361 N.L.R.B. No. 72 (Oct. 28, 2014) (pdf) strongly reaffirmed its position that employers may not utilize… Continue Reading

Fifth Circuit Refuses NLRB’s Request to Rehear D.R. Horton

Posted in NLRB
By Ben Shepler The NLRB is now 0 for 2 in the Fifth Circuit Court of Appeals.  In a victory for employers, the Fifth Circuit recently refused to rehear (pdf) its December 2013 decision rejecting an NLRB ruling that questioned the wide-spread practice of having employees sign arbitration agreements that bar class or collective actions. … Continue Reading

Fifth Circuit Rejects NLRB’s Decision Prohibiting Arbitration Agreement Waivers of Class/Collective Actions

Posted in NLRB
By Ben Shepler The Fifth Circuit Court of Appeals recently provided employers with some welcome holiday cheer. In a 2-1 decision, the Court rejected an NLRB ruling that called into question the wide-spread practice of having employees sign arbitration agreements that bar class or collective actions. While the Fifth Circuit’s ruling largely favors employers, the Court did… Continue Reading

NLRB Invalidates Arbitration Agreement Prohibiting Class/Collective Actions

Posted in NLRB
By Nelson Cary and Ben Shepler New year, same controversial NLRB. In a decision that seems destined for appeal, the NLRB recently ruled that employers may not utilize individual arbitration agreements that prevent employees from joining in employment-related class or collective actions. The NLRB’s decision is notable because, among other things, it arguably conflicts with both the Federal… Continue Reading