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Morris v. Ernst & Young

Articles Discussing Case:

9th Circuit Becomes Second Appeals Court to Rule That Class Action Waivers Violate NLRA

XpertHR • August 30, 2016
The 9th Circuit Court of Appeals has joined its sister court in the 7th Circuit in holding that arbitration agreements that prevent employees from filing class actions violate the National Labor Relations Act (NLRA) and are therefore unenforceable.

Ninth Circuit Holds Class Action Waivers Violate NLRA: What Employers Should Do Now

Ogletree Deakins • August 26, 2016
In an important 2–1 decision, a divided panel of the Ninth Circuit Court of Appeals recently concluded class action waivers in arbitration agreements violate the National Labor Relations Act (NLRA) and therefore are unenforceable. This ruling adds to the growing circuit split on this critical issue, increases the likelihood that the Supreme Court of the United States will resolve the open question, and presents key strategic decisions for employers to make in the interim.

Ninth Circuit, California Appellate Court Take Aim at Arbitration Agreements

FordHarrison LLP • August 26, 2016
Executive Summary. The Ninth Circuit and the California Court of Appeal have each issued decisions that may fundamentally affect how employers deal with arbitration agreements in the future. In Morris v. Ernst & Young, the Ninth Circuit held that it is unlawful to require an employee to sign an arbitration agreement that includes a class action waiver. In Esparza v. Sand & Sea, Inc., the California Court of Appeal refused to enforce an arbitration provision that was contained only in an employee handbook.

Ninth Circuit Finds Arbitration Agreement That Required Employees to Bring Claims in “Separate Proceedings” Illegal Under the NLRA

Littler Mendelson, P.C. • August 24, 2016
On August 22, 2016, in Morris et al. v. Ernst & Young, LLP,1 a panel of the U.S. Court of Appeals for the Ninth Circuit followed the lead of the National Labor Relations Board (“NLRB”) and the U.S Court of Appeals for the Seventh Circuit in finding that an arbitration agreement that required employees to bring claims in “separate proceedings”, thereby prohibiting class and collective actions, violated the employees’ right to engage in concerted activity under the National Labor Relations Act (NLRA). Previously, the only appellate court to adopt the NLRB's position first announced in D.R. Horton2 was the Seventh Circuit in Lewis v. Epic-Systems Corp., while several other Circuits had decisively rejected it.3

Holding Class Waivers Violate the NLRA, Ninth Circuit Joins Circuit Split

Jackson Lewis P.C. • August 24, 2016
Requiring class and collective action waivers as a condition of hire or continued employment violates the National Labor Relations Act, the U.S. Court of Appeals for the Ninth Circuit, in San Francisco, has ruled. Morris v. Ernst & Young, No. 13-16599 (9th Cir. Aug. 22, 2016).

Ninth Circuit Holds Class Waivers Violate the NLRA, Joining Circuit Split

Jackson Lewis P.C. • August 24, 2016
Requiring class and collective action waivers as a condition of hire or continued employment violates the National Labor Relations Act, the U.S. Court of Appeals for the Ninth Circuit, in San Francisco, has ruled. Morris v. Ernst & Young, No. 13-16599 (9th Cir. Aug. 22, 2016).

Mandatory Class Waivers Struck Down By 9th Circuit

Fisher Phillips • August 23, 2016
Employers received their most bruising loss in the ongoing war involving class action waivers today, as the 9th Circuit Court of Appeals became the second federal circuit to strike them down as illegal. When the 7th Circuit issued an opinion earlier this year and became the first appeals court to make such a ruling, employers could view the decision as an anomaly and take comfort in the fact that all other courts reaching a decision had upheld class waivers. But today’s decision changes the national legal landscape (Morris v. Ernst & Young).