Erin Clarke

Erin Clarke

Ballard Spahr LLP

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Supreme Court Invalidates NLRB Recess Appointments

The U.S. Supreme Court ruled yesterday that President Obama’s 2012 recess appointments to the National Labor Relations Board (NLRB) were invalid. Justice Stephen Breyer delivered the opinion of the Court in N.L.R.B. v. Noel...more

6/27/2014  /  Barack Obama , Canning v NLRB , NLRB , Recess Appointments , SCOTUS

Fifth Circuit Rejects NLRB Ruling Invaliding Class Action Waivers in Arbitration Agreements

On December 3, 2013, the U.S. Court of Appeals for the Fifth Circuit rejected the National Labor Relations Board’s (NLRB) ruling that an employer violates the National Labor Relations Act (NLRA) by requiring employees to...more

12/5/2013  /  Arbitration , Arbitration Agreements , Class Action , Class Action Arbitration Waivers , D.R. Horton , D.R. Horton v NLRB , Federal Arbitration Act , NLRA , NLRB

Eighth Circuit Upholds Employment Agreement Waiving Collective Action Rights

The U.S. Court of Appeals for the Eighth Circuit has joined the clear majority of federal district courts in concluding that employment arbitration agreements may bar class and collective actions, in spite of the National...more

1/15/2013  /  Arbitration , Arbitration Agreements , Class Action , Class Action Arbitration Waivers , D.R. Horton , D.R. Horton v NLRB , Mandatory Arbitration Clauses , NLRA , NLRB , Protected Concerted Activity
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