In May the United States Supreme Court issued a long-awaited decision in a trio of cases that concerned whether employers can lawfully use mandatory arbitration agreements containing provisions that preclude employees from pursuing employment claims on a class action basis – and instead require them to pursue their claims in an individual private arbitration proceeding
National Labor Relations Act
Misclassifying Employees as Independent Contractors could Violate the NLRA
Deciding whether to classify workers as employees or independent contractors is an ongoing issue for companies. Misclassifying employees as independent contractors can draw the ire of federal and state agencies – including the Internal Revenue Service, the Department of Labor, and state workers’ compensation agencies – and can subject employers to back taxes, penalties, lawsuits…
Class Action Waivers Are Enforceable Even Without an Arbitration Agreement, Says the Fifth Circuit
On Monday, a Fifth Circuit majority held that a class-action and collective action waiver was enforceable, regardless of whether or not the waiver was part of an arbitration agreement. This is good news for employers in the Fifth Circuit who do not want to have mandatory arbitration agreements with employees, but do want to have…
Frustrated with the NLRB’s Scrutiny of Employer Work Rules?
Employers are not the only ones frustrated with the National Labor Relations Board’s ever-growing scrutiny of common employer work rules and policies. A member of the NLRB is, too.
As many employers are aware, the NLRB’s scrutiny of work rules has gone well beyond social media policies. In recent years, the NLRB has taken issue…
Proposed WAGE Act: Employers Beware
It’s not yet Halloween, but employers may have cause to be afraid.
Last week, Sen. Patty Murray (D-Wash.) and Rep. Bobby Scott (D-Va.) introduced the “Workplace Action for a Growing Economy Act” (“WAGE Act”) to amend the National Labor Relations Act. According to a fact sheet published about the Act, the WAGE Act aims to…