On May 21, 2018, the U.S. Supreme Court in Epic Systems Corp. v. Lewis, a 5-4 opinion written by Justice Neil Gorsuch, ended a six-year dispute started by the National Labor Relations Board’s 2012 decision in D.R. Horton. The...more
6/7/2018
/ Arbitration ,
Arbitration Agreements ,
Class Action Arbitration Waivers ,
Discovery ,
Epic Systems Corp v Lewis ,
Federal Arbitration Act ,
Federal Rules of Civil Procedure ,
NLRA ,
NLRB ,
Private Attorneys General Act (PAGA) ,
Remedies ,
SCOTUS ,
Unions
On Monday, May 21, 2018, the United State Supreme Court, in a 5-4 opinion written by Neil Gorsuch, ended a six-year dispute started by the National Labor Relations Board’s (“NLRB”) 2012 decision in D.R. Horton, 357 NLRB 2277...more
6/6/2018
/ Arbitration ,
Arbitration Agreements ,
Class Action Arbitration Waivers ,
D.R. Horton v NLRB ,
Employment Contract ,
Employment Litigation ,
Epic Systems Corp v Lewis ,
Federal Arbitration Act ,
Murphy Oil v NLRB ,
NLRB ,
SCOTUS
The U.S. Justice Department has abruptly reversed course in a U.S. Supreme Court case concerning an employment agreement that restricts employees from participating in class and collective lawsuits, arguing that a mandatory...more
6/20/2017
/ Arbitration Agreements ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Epic Systems Corp v Lewis ,
Ernst & Young v Morris ,
Fair Labor Standards Act (FLSA) ,
Federal Arbitration Act ,
Murphy Oil v NLRB ,
NLRB ,
NPRM ,
Obama Administration ,
Persuader Rules ,
Petition for Writ of Certiorari ,
SCOTUS ,
Trump Administration
On March 21, 2017, the Supreme Court upheld an August 2015 opinion by the D.C. Circuit under the Federal Vacancies Reform Act holding that former acting National Labor Relations Board General Counsel Lafe Solomon improperly...more