The War on Employment Arbitration

By Andy Volin The Seventh Circuit just created a split in the Federal Courts of Appeals by ruling an employment arbitration provision that did not permit arbitration of collective claims was not enforceable because it violated the National Labor Relations Act.  Lewis v. Epic Systems Corp., No. 15-2997 (7th Cir. May 26, 2016). This is the first […]

Court Order Trumps Board

By Bill Wright What happens when the NLRB says an arbitration agreement is illegal, but a court enforces the agreement anyway? Four plaintiffs recently found out. In Hobson et al. v. Murphy Oil USA, Inc., No. CV-10-S-1486-S (N. D. Ala. July 8, 2015), the plaintiffs brought a collective action, for themselves and others, seeking unpaid […]

NLRB Sticks To D.R. Horton

By Lori Phillips Recently in Chesapeake Energy Corp., 362 NLRB No. 80 (Apr. 30, 2015), the NLRB held fast to its ruling in D.R. Horton, Inc., 357 NLRB No. 184 (2012). The employer required its employees to sign an arbitration agreement as a condition of employment. The agreement required “binding arbitration to resolve all disputes” […]

NLRB Standing (read “Expanding”) Ground on D.R. Horton

By Lori Phillips In the controversial 2012 decision D.R. Horton, Inc., the NLRB held that mandatory arbitration agreements requiring all employment disputes to be resolved through individual (as opposed to class) arbitration violate NLRA § 8(a)(1).  That statute forbids an employer “to interfere with, restrain, or coerce employees in the exercise of the rights guaranteed in section 7.”  The D.R. […]