Related to: Arbitration

Recent Supreme Court Decisions Limit Employee Class Actions

In May 2018, we alerted clients to a huge win for employers who utilize individual arbitration agreements with their employees when the United States Supreme Court issued a decision in Epic Systems Corp. v. Lewis. Through that decision, the Supreme Court upheld the use of class action waivers in individual employment agreements. Employers were then…

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7th Circuit Judgment Reinforces Employer Liability for Temporary Workers

Many organizations believe hiring temporary workers from staffing agencies will absolve them of legal obligations that arise during the course of their employment. Unfortunately, as seen in the Scheurer v. Fromm Family Foods LLC decision, this is very rarely the case. Though the Scheurer decision dealt specifically with an arbitration clause, liability can and will…

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NLRB Finds Certain Mandatory Arbitration Agreements Illegal

The National Labor Relations Board (NLRB) recently issued a decision (D. R. Horton, Inc. and Michael Cuda., Case 12-CA-25764) in which it determined an employer had committed an unfair labor practice by requiring employees to sign a mandatory arbitration agreement that prevented them from bringing a class action against the employer in any forum. The case involved D.R.…

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