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Results:1-10 of 69

NLRB Rejects “Constructive Denial of Transfer” and “Threat” Theories of Unfair Labor Practice Liability
  • Proskauer Rose LLP
  • USA
  • August 27 2018

As we hurtle toward Labor Day, and the probable onslaught of decisions, and as NLRB Member Pearce’s tenure ends on August 27, the Board has been


Supreme Court Rules in Favor of Employers in Upholding Arbitration Agreements Containing Class Action Waivers
  • Proskauer Rose LLP
  • USA
  • May 21 2018

On May 21, 2018, the Supreme Court of the United States ruled in Epic Systems Corp. v. Lewis that employers can require employees to arbitrate


Department of Labor Officially Proposes Delaying Fiduciary Rule’s Exemptions for 18 Months
  • Proskauer Rose LLP
  • USA
  • August 31 2017

On August 30, 2017, the Department of Labor (“DOL”) officially proposed delaying the applicability date of exemptions to its fiduciary rule until


Recent Decisions Clarify (Un)Enforceability of Class Action Waivers in Employment Agreements
  • Proskauer Rose LLP
  • USA
  • February 17 2017

Companies looking to waive class action rights of employees may instead be waving goodbye to provisions in their employment contracts. Two recent


Fifth Circuit Instructs that, When Raised, Arbitrability is a Gateway Issue that Must Be Considered Prior to Conditional Certification in FLSA Collective Actions
  • Proskauer Rose LLP
  • USA
  • October 10 2016

On October 4, 2016, the Fifth Circuit in Reyna v. International Bank of Commerce instructed district courts that when the issue of arbitrability is


FINRA: the FAA requires enforcement of judicial class action waiver in pre-dispute arbitration agreement but does not preempt FINRA rules permitting consolidation of multiple parties' claims
  • Proskauer Rose LLP
  • USA
  • March 7 2013

On February 21, 2013, the Financial Industry Regulatory Authority (FINRA) issued a written decision finding that the Federal Arbitration Act (FAA)


Arbitration clauses are enforceable despite waiver of classwide arbitration rights
  • Proskauer Rose LLP
  • USA
  • February 6 2013

Israel Flores and Andrea Naasz sued West Covina Toyota (WCT) and Toyota Motor Sales for selling them a “lemon,” alleging both individual and class


NLRB rules class action waivers imposed as condition of employment in mandatory pre-dispute arbitration procedure are unlawful
  • Proskauer Rose LLP
  • USA
  • January 11 2012

The National Labor Relations Board (the "Board") has held that it is an unfair labor practice under the National Labor Relations Act ("NLRA" or "Act") for employers to mandate pre-dispute arbitration agreements barring employees from bringing class or collective action statutory claims in court and in arbitration.


The lull before the storm: blizzard of NLRB activity coming
  • Proskauer Rose LLP
  • USA
  • July 29 2011

The mid-point of Summer has passed.


California court holds that representative paga claims are not subject to mandatory arbitration
  • Proskauer Rose LLP
  • USA
  • July 18 2011

In a 2-1 decision, the California Court of Appeal held that representative actions under California’s Private Attorney General Act (PAGA) may not be waived in mandatory, pre-dispute employment arbitration agreements.