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NLRB finds NLRA violation for asking employees to refrain from discussing ongoing internal investigations

USA - August 2 2012 Employers who routinely direct employees not to discuss internal investigations should be prepared to demonstrate that confidentiality is necessary to further a legitimate business interest, following the July 30, 2012, decision of the National Labor Relations Board in Banner Health System, 358 N.L.R.B. No. 93 (July 30, 2012).

Co-authors: Willis J. Goldsmith, Stanley Weiner , Patricia A. Dunn (Trish), Brian W. Easley, G. Roger King.

The aftermath of Awuah: are courts encroaching on a franchisor's traditional protections from a franchisee's employment decisions?

USA - May 23 2012 There is growing concern over whether courts will deem franchisees "employees" or "joint employers," as opposed to contractors or wholly separate enterprises, as further decisions are handed down in the wake of the highly publicized Awuah case and courts grapple with today's complex franchisor-franchisee relationships.

Co-authors: Andrew J. Sherman, Michael J. Gray, Jeffrey J. Jones, J. Todd Kennard.

U.S. Supreme Court finds FAA preempts state rule that denied enforcement of class action waivers in arbitration agreements

USA - May 3 2011 On April 27, 2011, the Supreme Court issued a 5–4 decision that the Federal Arbitration Act ("FAA") preempts a California unconscionability doctrine that denies enforcement to arbitration agreements requiring consumers to waive any right to bring a class action unless the agreement also provides for class arbitration.

Co-authors: Michael J. Gray, Robert G. Marshall II, Samuel Estreicher , Eric S. Dreiband, Sarah B. McClure.