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Category:Arbitration & Class Action

Second Circuit Drops the Ball on Workers’ Rights

Apr 27, 2016 Ben Levin

Ben Levin is Climenko Fellow and Lecturer on Law at Harvard Law School. That sound you hear isn’t the air being let out of footballs. It’s the collective groans of New England Patriots fans. On Monday, a divided panel of the U.S. Court of Appeals for the Second Circuit reinstated quarterback Tom Brady’s four-game suspension […]

Illinois HB 580: The Political Battle Over Interest Arbitration

Mar 23, 2016 Kelsey Bleiweiss

When it comes to labor news in Illinois, most attention is on the Chicago Teachers Union and its likely strike in April. But HB 580, a labor bill pending in Illinois, merits attention as well, as it has ignited fierce debate in the state for over a year. Though the future of the bill is […]

California Federal Court Follows NLRB's D.R. Horton Decision

Feb 5, 2016 Y. Gloria Park

A federal district court in California recently denied an employer’s motion to compel individual arbitration in a wage-and-hour putative class action brought by a former employee. Totten v. Kellogg Brown & Root, LLC, ED CV 14-1766 (Jan. 22, 2016). Relying primarily on the National Labor Relations Board’s decision in In re D. R. Horton, Inc., […]

New Life for D.R. Horton?

Nov 10, 2014 Scott Hochberg

Last week the NLRB confirmed its 2013 opinion in D.R. Horton, in a case which may breathe new life into the Board’s conclusion that employers who require their employees to waive their right to collective action under their employment contracts violate § 7 of the NLRA. The Board’s new decision in Murphy Oil U.S.A. reaffirmed […]

An Explainer: Ninth Circuit on Mandatory Arbitration in Employment Contracts (Chavarria v. Ralphs Grocery)

Dec 26, 2013 Rebecca Chang

A recent Ninth Circuit case on mandatory arbitration dovetails with OnLabor’s coverage of NLRB v. D.R. Horton (see our discussion here and here), and offers an interesting departure from the general trend. As quick background, the Supreme Court held in AT&T Mobility LLC v. Concepcion that the Federal Arbitration Act preempts state law contract defenses […]

Arbitration and Labor Law: Where the Fifth Circuit Went Wrong in Horton

Dec 5, 2013 Benjamin Sachs

As Jesse reports, the Fifth Circuit this week declined to enforce the NLRB’s decision in D.R. Horton. In Horton, the Board held that an employer commits an unfair labor practice if it requires employees to pursue all employment-related disputes through individual (i.e., not collective or class) arbitration. By prohibiting employees from pursuing collective legal action […]

An Explainer on D.R. Horton and the Validity of Class Waivers in Mandatory Arbitration Agreements [UPDATED]

Dec 5, 2013 Jessica Harris

On December 4, 2013, the Fifth Circuit issued its ruling in the hotly contested case of D.R. Horton, Inc. v. NLRB. In a 2-1 decision, the court overturned the National Labor Relations Board’s decision to invalidate mandatory arbitration agreements that include a class waiver. Given the prevalence of mandatory arbitration agreements in employment contracts (one […]

Notable Decision – Michigan Building and Trades Council v. Snyder

Nov 4, 2013 Max Utzschneider

This post surveys some recent developments in what might be termed the politics of federal labor preemption. In a recently decided case, Michigan Building and Trades Council v. Snyder, the Sixth Circuit held that a Michigan law prohibiting governmental entities from signing Project Labor Agreements with unions was not preempted by the National Labor Relations […]

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OnLabor

Law. Workers. Organizing.

OnLabor is a blog devoted to workers, unions, and their politics. We interpret our subject broadly to include the current crisis in the traditional union movement (why union decline is happening and what it means for our society); the new and contested forms of worker organization that are filling the labor union gap; how work ought to be structured and managed; how workers ought to be represented and compensated; and the appropriate role of government — all three branches — in each of these issues.

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Second Circuit Drops the Ball on Workers’ Rights

Illinois HB 580: The Political Battle Over Interest Arbitration

California Federal Court Follows NLRB's D.R. Horton Decision

New Life for D.R. Horton?

An Explainer: Ninth Circuit on Mandatory Arbitration in Employment Contracts (Chavarria v. Ralphs Grocery)

Arbitration and Labor Law: Where the Fifth Circuit Went Wrong in Horton

An Explainer on D.R. Horton and the Validity of Class Waivers in Mandatory Arbitration Agreements [UPDATED]

Notable Decision – Michigan Building and Trades Council v. Snyder