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Results: 1-10 of 35

High-court showdown looming? NLRB defends D.R. Horton Section 7 decision with full-throated rebuttal in Murphy Oil

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • November 4 2014

In the wake of Federal Circuit courts rejecting its position on the issue of class action waivers, the National Labor Relations Board is digging in

The California divide: federal courts refuse to follow state Supreme Court’s Iskanian decision

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • October 22 2014

One of the last barriers to full enforcement of arbitration agreements with class action waivers sustained another blow last week. A California

Employee accepted arbitration offer when she continued to work, Sixth Circuit rules

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • October 31 2013

In a Halloween treat for employers, the Sixth Circuit ruled this morning that an employee had contractually agreed to arbitrate any employment

New York court rejects D.R. Horton; orders arbitration despite class action waiver

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • January 19 2012

A great deal of intellectual energy has been spent on the issue of whether various employment arbitration agreements are enforceable, but the debate pretty much comes down to two camps

Does D.R. Horton apply arbitration agreements without a class action waiver?

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • February 6 2014

Our sister blog, Employment Law Spotlight, recently reported on the decision of an NLRB administrative law judge regarding the legality of an

When does "silence" become "implicit" agreement? The saga of Jock v. Sterling Jewelers, Inc.

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • July 11 2011

A recent Second Circuit decision has renewed the debate over when silence in an arbitration agreement can form the basis for class proceeding

Collective-bargaining agreement may require employees to arbitrate age discrimination claims, Supreme Court rules

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • April 15 2009

On April 1, 2009, in the 5-4 decision 14 Penn Plaza LLC v. Pyett, the United States Supreme Court held that a provision in a collective-bargaining agreement requiring union members to arbitrate age discrimination claims is enforceable

NLRB arbitration ruling raises stakes of decision in CompuCredit for hospitality industry

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • January 12 2012

The enforceability of class action waivers was one of the bigger stories in 2011

D.R. Horton on steroids: NLRB invalidates arbitration agreement without class waiver

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • January 28 2014

As reported previously here, the National Labor Relations Board ("NLRB" or the "Board") in D.R. Horton, Inc., 357 NLRB No. 184 (2012), held that

New case regarding enforceability of arbitration agreements

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • January 3 2008

California employers may not rely upon provisions in employee handbooks, referring to the signing of an arbitration agreement as a condition of employment, as evidence that an employee is bound to arbitrate employment-related disputes