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Home > Federal Law Articles > Labor Law > Labor Law - Arbitration

Articles Discussing Labor Arbitration.

Supreme Court Rules that the FAA’s Arbitration Exemption is Not Limited to Transportation Industry

Posted: April 16, 2024 | Ford Harrison Category: Labor Law - Arbitration

Executive Summary: On April 12, 2024, the United States Supreme Court issued a decision that answers the question of whether the Federal Arbitration Act’s (FAA) exemption from arbitration for any “class of workers engaged in foreign or interstate commerce” is limited to workers whose employers are in the transportation industry. In Bissonnette v. LePage Bakeries Park St., LLC, 601 U.S. ____ (2024), the Supreme Court unanimously held that a transportation worker does not need to work in the transportation industry to be exempt from coverage under Section 1 of the FAA.

U.S. Supreme Court Clarifies When the Federal Arbitration Act’s “Transportation Exemption” Applies

Posted: April 16, 2024 | Littler Category: Labor Law - Arbitration

On April 12, 2024, the U.S. Supreme Court addressed whether the Federal Arbitration Act’s (FAA) transportation exemption—meaning the FAA would not apply—only relates to workers within the transportation industry. In Bissonnette v. LePage Bakeries Park St., LLC,1 the Supreme Court unanimously held Section 1 of the FAA exempts classes of

Supreme Court’s Epic Systems Decision on Arbitration Interpreted Broadly by Labor Board

Posted: August 20, 2019 | Jackson Lewis Category: Labor Law - Arbitration

An employer may lawfully issue to its employees a new or revised mandatory arbitration agreement containing a class- and collective-action waiver specifying that employment disputes are to be resolved by individualized arbitration, even if it was in response to employees opting into a collective action (such as a wage lawsuit), the National Labor Relations Board (NLRB) has ruled. Cordúa Restaurants, Inc., 368 NLRB No. 43 (Aug. 14, 2019). The NLRB also concluded that the NLRA does not prohibit an employer from threatening to discharge an employee who refuses to sign such an agreement.

NLRB Reaffirms D.R. Horton Decision Invalidating Arbitral Class Action Waivers

Posted: November 11, 2014 | Littler Category: Labor Law - Arbitration

In a controversial decision that rejects the precedent of numerous federal and state courts, the National Labor Relations Board (NLRB) has reaffirmed its earlier decision in D.R. Horton, Inc., 357 NLRB No. 184 (2012). In D.R. Horton, the NLRB ruled that an arbitration agreement under which employees were required to waive the right to bring class or collective actions violated the National Labor Relations Act (NLRA). In the recent decision, a 3-2 NLRB majority invalidated a similar agreement, concluding that the “reasoning and result” of the Horton decision were correct. Murphy Oil USA, Inc., 361 NLRB No. 72 (2014). Two dissenting NLRB members disagreed with the decision, one observing that the majority had chosen to “double down on a mistake that, by now, is blatantly obvious.”

Eighth Circuit Court of Appeals Puts Damper on First Anniversary of D.R. Horton Decision

Posted: January 24, 2013 | Goldberg Segalla Category: Labor Law - Arbitration

This month represents the first anniversary of the controversial decision by the National Labor Relations Board (NLRB) in D.R. Horton, Inc. In D.R. Horton, the NLRB ruled that D.R. Horton, a nationwide homebuilder, violated Section 8(a)(1) of the National Labor Relations Act (NLRA) by requiring employees to sign agreements that: 1) contained a mandatory arbitration provision; and 2) required them to bring all employment-related claims to an arbitrator on an individual basis, as opposed to as a potential class action.

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  • Labor Law – Arbitration (5)
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  • Labor Law – General (476)
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