Tag Archives: Arbitration

Supreme Court Approves Forcing Employees into One-On-One Arbitration, Exacerbating the Power Imbalance Between Employees and Employers

Earlier this week, the Supreme Court killed one of the few remaining mechanisms for employees to get some measure of justice for the illegal acts of their employers – class arbitrations. The National Labor Relations Act (“NLRA”) was enacted in … Continue reading

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Supreme Court Holds That Employer Sponsored Arbitration Programs do not Violate National Labor Relations Act

On May 21, 2018, in a 5-4 decision, the United States Supreme Court issued a long-awaited decision in Epic Systems Corp. v. Lewis, 584 U.S. ____ (2018), holding that mandatory employer-sponsored arbitration agreements do not offend the National Labor Relations Act … Continue reading

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Supreme Court Validates Employer’s Right to Require Class and Collective Action Waivers in Employment-Related Arbitration Agreements

The United States Supreme Court ruled today that contracts requiring individualized arbitration of employment-related disputes are enforceable and do not violate Section 7 of the National Labor Relations Act (NLRA). Background Some employers require their employees to enter into agreements … Continue reading

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Symposium: The Federal Arbitration Act and the National Labor Relations Act are two ships that pass in the night

Ben Robbins is senior staff attorney for the New England Legal Foundation.  He filed an amicus brief for NELF in support of the employers in the consolidated cases in Epic Systems Corp. v. Lewis. Although the Supreme Court’s decision today … Continue reading

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Low Wage Workers Impacted by Arbitration Agreements

As companies have drastically increased their use of arbitration agreements in their employment contracts, workers have increasingly challenged those contractual provisions. Many courts have consistently struck down such agreements as unenforceable because they restrict an employee’s right to due process … Continue reading

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