James Damore's Jerry Maguire Moment

Should Google Have Fired James Damore for His Echo Chamber Memo?

IfyousomehowmissedthebrouhahacausedbyGoogleEngineerJamesDamore’sEchoChamberMemo, you are living under a rock. Google’s CEO cut his vacation short to address the maelstrom, and Even Anita Hill has come out of the woodwork to encourage women to sue their tech employers. Google’s decision to fire Damore over the Echo Chamber Memo (linked in its entirety here) raises plenty of questions, but […]

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NLRB Seal

And just like that, your class action waivers are safe again. Almost. 

President Trump has appointed a Republican labor lawyer as the fifth member of the National Labor Relations Board. This creates a Republican majority on the Board, which allows the reversal of labor policies headed down by President Obama. The new Board is expected to withdraw its opposition to the use of arbitration agreements containing class and collective action waivers.

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DOJ Reverses Policy to Support Class Action Waivers in Arbitration Agreements, But It’s Still Complicated

State of Confusion The enforceability of class action waivers in employment arbitration agreements is a hotly debated topic that has created not only a circuit split, but an ongoing divide in policy between circuit courts and federal agencies.  The National Labor Relations Board has long held that such class action waivers are unenforceable, arguing such […]

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NSFW Facebook Rant Was Awful, But Not Awful Enough to Justify Firing

In National Labor Relations Board v. Pier Sixty, LLC, the Second Circuit Court of Appeals considered how awful an employee’s conduct must be on Facebook before he or she loses the protection of the National Labor Relations Act (“NLRA“). In this particular case, in the middle of a union campaign, the employee reacted poorly to […]

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Where Is My Class Action Waiver Enforceable?

The viability of class and collective action waivers in private arbitration agreements continues to be a hot topic before courts, and until the Supreme Court takes up the issue one last time, your business will have some uncertainty concerning whether these provisions are enforceable. For most employers, the main reason to require employees to arbitrate […]

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Will Your Company Be Sued For An Unfair Labor Practice Because Of Its Arbitration Agreement?

For years, attorneys have counseled that the way to prevent costly class and collective action litigation with employees is to require the employees to execute arbitration agreements that only permit individual (as opposed to class) arbitration. The National Labor Relations Board (NLRB) argues that this violates the employees’ right to act collectively under the National […]

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9th Circuit: Arbitration Agreement w/ Class Action Waiver Violates the National Labor Relations Act

Today, the Ninth Circuit Court of Appeals decided Morris v E&Y, which rules that an employer violates the National Labor Relations Act by requiring its employees to agree to arbitrate employment disputes individually, as opposed to in the form of a class or collective action. Specifically, the Ninth Circuit ruled: In this case, we consider […]

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The NLRB takes a 1-in-a-million shot in another Fifth Circuit appeal regarding class arbitration waivers

So you’re telling me there’s a chance! The Fifth Circuit Court of Appeals has twice rejected the NLRB’s position that a company commits an unfair labor practice by requiring its employees to sign an arbitration agreement that contains a class-action waiver. Even so, the Board is back before the Court pushing the same position once […]

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NLRB Contradicts Federal Court, Orders Hilton Hotels to Abandon Its Arbitration Agreement

To the United States Supreme Court, there is no question. Courts must enforce arbitration agreements according to their terms. Thus, an employee who agrees to arbitrate all claims individually cannot later file a class action lawsuit against his employer. See AT&T Mobility, LLC v. Conception, 563 U.S. 321 (2011). The National Labor Relations Board (“NLRB”) […]

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