Employer Narrows “Collective” Actions Thru Arbitration Agreement.

By: Beth Ann Lennon Last term, in Epic the Supreme Court ruled the National Labor Relations Act (“NLRA”) is not a “get out of arbitration free” card. Individual employees who sign an appropriate arbitration agreement can be compelled to arbitrate even their “concerted” claims. Now, according to the Sixth Circuit, that ruling also tells us […]


By Lori Phillips The Federal Arbitration Act (“FAA”) embodies a liberal policy favoring arbitration agreements. That does not mean, however, that plaintiffs don’t try to escape mandatory arbitration even when they have agreed to it. In Walthour v. Chipio Windshield Repair, LLC, No. 13-11309 (11th Cir. Mar. 21, 2014), plaintiffs challenged the FAA’s application to […]

Court Nixes Non-Appealability Clause in Arbitration Agreement

By Lori Phillips Generally speaking, arbitration is a matter of contract, and arbitration agreements must be enforced according to their terms. The Ninth Circuit recently issued a caveat, however. In In re Wal-Mart Wage & Hour Employment Practices Litigation, No. 11-17718 (9th Cir. Dec. 17, 2013), an issue of first impression, the Ninth Circuit held […]

NLRA vs Federal Arbitration Act: Arbitration Wins

By Lori Phillips In D.R. Horton, Inc., v. NLRB, No. 12-60031 (5th Cir. 2013), the Fifth Circuit overturned an NLRB decision that an employer infringed on employees’ rights by requiring them to sign an arbitration agreement in which they waived their right to maintain joint, class, or collective employment-related actions in any forum, judicial or […]