Employment Law Alert

Employment Law Alert

News and Updates on Employment Law

Category Archives: Alternative Dispute Resolution

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Fifth Circuit Upholds Arbitration Agreement Prohibiting Class/Collective Actions and Cautions NLRB to Reconsider Board Policy

Posted in Alternative Dispute Resolution
Last week, in Murphy Oil USA, Inc. v. NLRB, the United States Court of Appeals for the Fifth Circuit upheld an arbitration agreement requiring employees to arbitrate claims on an individual basis, thereby reaffirming its holding in D.R. Horton, Inc. v. NLRB, despite the National Labor Relations Board’s ("NLRB") aggressive attempt to find arbitration agreements unlawful. The case is noteworthy because the court rebuffed the Board’s effort to circumvent D.R. Horton and cautioned the NLRB “to strike a more respectful balance between its views and those of circuit courts” that review them. One wonders whether the NLRB will change its current stance against arbitration agreements that prohibit class/collective actions. Regardless, the Fifth Circuit’s decision helps to settle the current state of the law at the circuit court level that arbitration agreements and class/collective action waivers are lawful under the National Labor Relations Act (“NLRA”).… Continue Reading

Fifth Circuit Denies NLRB Petition to Rehear D.R. Horton

Posted in Alternative Dispute Resolution
On April 16, 2014, the Fifth Circuit Court of Appeals denied the National Labor Relations Board’s (the “Board” or “NLRB”) petition for rehearing en banc in D.R. Horton, Inc. v. NLRB, thus upholding its December 3, 2013 decision that arbitration agreements prohibiting class or collective actions claims do not violate the National Labor Relations Act (“NLRA”).… Continue Reading

D.R. Horton Reversed by 5th Circuit

Posted in Alternative Dispute Resolution
On December 3, 2013, the Fifth Circuit Court of Appeals reversed the decision of the National Labor Relations Board (the "Board" or "NLRB") in D.R. Horton, Inc. and held that D.R. Horton's arbitration agreement prohibiting class or collective action claims did not violate the National Labor Relations Act ("NLRA"). In so holding, the court found that the Board did not give proper weight to the Federal Arbitration Act ("FAA").… Continue Reading

Southern District of New York Mandates Early Mediation in Employment Discrimination Cases

Posted in Alternative Dispute Resolution
The U.S. District Court for the Southern District of New York ("SDNY") recently issued a Notice to the Bar advising that effective January 3, 2011, all employment discrimination cases, except cases filed under the Fair Labor Standards Act, will be automatically referred for early mediation through the court's Alternative Dispute Resolution program.… Continue Reading
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