Melissa Greenberg is a student at Harvard Law School.
This post is part of OnLabor’s continuing analysis of National Labor Relations Board v. Murphy Oil USA.
Bloomberg BNA reports that in National Labor Relations Board v. Alternative Entertainment, Inc., the U.S. Court of Appeals for the Sixth Circuit joins the Seventh and Ninth Circuits in upholding the NLRB’s position and finding that the National Labor Relations Act (NLRA) prevents employers from requiring their employees to pursue workplace-related claims individually. In contrast, the Fifth and Eighth Circuits’ reading of the Federal Arbitration Act allows class arbitration waiver provisions to be held enforceable despite the NLRB’s claim that this kind of arbitration provision violates Section 7 of the NLRA.
This decision comes two weeks before opening briefs are due in the consolidated case of Murphy Oil, Epic Systems, and Ernst and Young before the Supreme Court. In the consolidated case, the Supreme Court will be asked to resolve the circuit split.
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January 22
Hyundai’s labor union warns against the introduction of humanoid robots; Oregon and California trades unions take different paths to advocate for union jobs.
January 20
In today’s news and commentary, SEIU advocates for a wealth tax, the DOL gets a budget increase, and the NLRB struggles with its workforce. The SEIU United Healthcare Workers West is advancing a California ballot initiative to impose a one-time 5% tax on personal wealth above $1 billion, aiming to raise funds for the state’s […]
January 19
Department of Education pauses wage garnishment; Valero Energy announces layoffs; Labor Department wins back wages for healthcare workers.
January 18
Met Museum workers unionize; a new report reveals a $0.76 average tip for gig workers in NYC; and U.S. workers receive the smallest share of capital since 1947.
January 16
The NLRB publishes its first decision since regaining a quorum; Minneapolis labor unions call for a general strike in response to the ICE killing of Renee Good; federal workers rally in DC to show support for the Protecting America’s Workforce Act.
January 15
New investigation into the Secretary of Labor; New Jersey bill to protect child content creators; NIOSH reinstates hundreds of employees.