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Supreme Court Sides With Employers on Individual Arbitration, Class Action Waiver Agreements

Goldberg Segalla LLP • May 22, 2018
The United States Supreme Court in a 5-4 decision ruled that employment agreements forcing workers to forgo pursuing class action claims are legal and do not violate the National Labor Relations Act. Specifically, the court held that arbitration agreements that include class waiver provisions as a condition of employment do not violate federal labor law.

5 Ways to Make Your Workplace More Veteran Friendly

XpertHR • May 22, 2018
As we approach Memorial Day and honor veterans for their service to the US military, it is important for an employer to recognize the discrimination and unfair treatment many veterans still face in the workplace today. In fact, just recently, a manufacturing company paid $75,000 to settle a disability discrimination and harassment lawsuit filed by the Equal Employment Opportunity Commission (EEOC) on behalf of a veteran with post-traumatic stress disorder (PTSD). The veteran claimed he was harassed and called a “psycho” by his supervisors and coworkers because of his condition.

Four Pitfalls to Avoid When Responding to a Charge of Discrimination

Ogletree Deakins • May 22, 2018
When an employment discrimination case goes into litigation, two of the very first things an attorney will want to see is the charge of discrimination that was filed by the employee and the response that was provided by the employer. If the employer initially responded to the investigating agency without the help of legal counsel, mistakes or oversights may have been made during the administrative phase that can affect the case’s overall success during litigation. Here are some common mistakes employers sometimes make when responding to a charge of discrimination.

Unintentional Discrimination? What Every Employer Needs to Know About Disparate Impact Claims

Ogletree Deakins • May 22, 2018
We all know (or should know) that Title VII of the Civil Rights Act and other discrimination laws prohibit intentional discrimination “because of” protected characteristics like race, age, gender, or disability. We can easily imagine instances of intentional discrimination—a sexist manager refusing to hire female applicants, a racist boss refusing to promote qualified African Americans, and the list goes on.

The Practical NLRB Advisor: Spring 2018

Ogletree Deakins • May 22, 2018
Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the spring 2018 issue of the Practical NLRB Advisor . This issue examines the evolution of the controversial joint-employer saga as it develops at the National Labor Relations Board (NLRB). Readers will recall that in December 2017, among the many important decisions the NLRB issued at the end of then-chairman Philip Miscimarra’s term was Hy-Brand Industrial Contractors, Ltd., which overturned the Board’s controversial decision in Browning-Ferris Industries of California, Inc. d/b/a BFI Newby Island Recyclery from 2015.

ICE Doubles Worksite Enforcement Investigations

Ogletree Deakins • May 22, 2018
U.S. Immigration and Customs Enforcement (ICE) announced that it opened 3,510 worksite investigations in the past seven months, more than doubling the number of investigations opened during fiscal year 2017. The scrutiny on U.S. employers is part of ICE’s effort to create a “culture of compliance” in the business community and is expected to intensify as President Trump takes further steps to crackdown on immigration abuses.

eLABORate: Supreme Court Gives All Clear for Class Arbitration Waivers

Phelps Dunbar LLP • May 22, 2018
The Federal Arbitration Act (FAA) has long permitted employers to require employees to agree to arbitrate legal claims that may arise out of their employment. Today, the United States Supreme Court ruled that this extends to class and collective actions.

Supreme Court Finds in Favor of Employment Arbitration Clauses

Franczek Radelet P.C • May 22, 2018
On Monday, the Supreme Court issued an opinion regarding the validity of arbitration clauses in individual employment contracts. The decision, referred to here as “Epic Systems,” consolidated three separate cases-- Epic Systems Corp. v. Lewis, Ernst & Young, LLP v. Morris, and NLRB v. Murphy Oil, USA. At issue was the question of whether employers could require that employment disputes be settled through individual arbitration or whether waivers of the ability to proceed with a class or collective action necessarily violate the command of entirely different statutes that allow employees to engage in collective or concerted activity. In a 5 to 4 holding, the Court affirmed that such arbitration provisions are valid and enforceable.

U.S. Supreme Court's Watershed Decision Preserves Arbitration Agreements, for Now - Dissent Encourages Legislature to Attempt to Reverse the Decision

FordHarrison LLP • May 22, 2018
Executive Summary: Yesterday, the Supreme Court, in a strongly divided 5-4 ruling, upheld mandatory arbitration agreements prohibiting employees from bringing employment claims on a class or collective basis. That decision, Epic Systems Corp. v. Lewis, is available here. This long-awaited decision is one of the most important in employment law in the past several years. As the thirty-page dissent made clear, however, depending on the make-up of a new Congress, we may see legislation that reverses this ruling. Nevertheless, the Court’s ruling is straightforward, expected and the clear law of the land going forward.

House Bill Introduced to Address Sexual Assault and Harassment in the Transportation Industry

FordHarrison LLP • May 22, 2018
Executive Summary: A proposed new law called “Stop Sexual Assault and Harassment in Transportation Act” takes aim at sexual assault and harassment in the airline industry.

What Are You Going To Do To The Little Boy Who Cries Wolf? Or Are All These Allegations Getting Out Of Hand? Employers Must Watch Out For Retaliation Claims

Brody and Associates, LLC • May 22, 2018
In the wake of the Harvey Weinstein revelations and the numerous claims of alleged sexual harassment against big name celebrities and public officials, employers are re-examining their sexual harassment policies. As the number of sexual harassment allegations have increased in almost every business sector, more and more women have felt empowered to come forward. This tests employers’ ability to timely investigate the claims and determine what, if any, appropriate corrective action is warranted against the alleged harasser. It also tests the employers’ ability to respond to claims that lack merit. However, another challenge is what happens when the dust settles and the victim or non-victim is a still a current employee?

BREAKING: SUPREME COURT UPHOLDS CLASS WAIVERS IN EMPLOYMENT ARBITRATION AGREEMENTS

Carothers DiSante & Freudenberger LLP • May 22, 2018
This morning, the United States Supreme Court issued its long-awaited opinion in three consolidated cases pending before it (NLRB v. Murphy Oil Co.; Epic Systems Corp. v Lewis; Ernst & Young LLP v. Morris) on the issue of whether a class action waiver provision in an employment arbitration agreement violates the National Labor Relations Act (“NLRA”) and is, thereby, unenforceable.

Missouri’s Right-to-Work Bill: Not as Soon as the Legislature Intended but Perhaps Sooner Than the Unions Want

Ogletree Deakins • May 22, 2018
In February of 2017, Missouri Governor Eric Greitens signed Senate Bill 19, which was intended to make Missouri the 28th right-to-work state in the United States. Senate Bill 19 was scheduled to take effect on August 28, 2017. In response, unions mounted petition drives and filed signatures in support of Referendum Petition 2018-R002 with the Missouri secretary of state. To be valid, this petition was required to have been signed by at least five percent of the registered voters in six of Missouri’s eight congressional districts. On November 22, 2017, Missouri Secretary of State Jay Ashcroft issued a certificate of sufficiency declaring that Referendum Petition 2018-R002 had received the requisite number of signatures and that Missouri voters would decide whether to enact a right-to-work law in November 2018 (unless a different date was designated by the Missouri General Assembly). Right to work will become the law of Missouri only if ratified by a majority of the Missouri electorate, as is required by Article III, Section 52(b) of the Missouri Constitution.
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