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THE SCOTUS DECISION IS FINALLY HERE – Revisit Your Arbitration Agreements!

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May 21, 2018

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At long last, the U.S. Supreme Court finally issued its ruling on whether or not class action waivers in arbitration agreements violate the National Labor Relations Act (“NLRA”) – short answer, they don’t.

Fifth Circuit: Mandatory Class Action Waivers Do Not Violate the NLRA

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August 7, 2017

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In a recent decision, the Fifth Circuit reaffirmed its positions that mandatory class action waivers do not violate Section 7 of the National Labor Relations Act (“NLRA”). In Convergys Corp. v. NLRB, the Fifth Circuit stated that an employee’s right to a collective action is procedural, not substantive, and signing a waiver therefore did not violate any substantive rights under the NLRA.

Eighth Circuit: Appeals Court Clarifies When Employees Forfeit NLRA Protections Based on Disloyal and Disparaging Activities

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All Employers with AR, IA, MN, MO, NE, ND, SD Employees

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July 3, 2017

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In MikLin Enterprises, Inc., v. NLRB, the Eighth Circuit Court of Appeal reversed, in part, a National Labor Relations Board (“NLRB”) ruling, stating that certain employee activity was disloyal, reckless, and maliciously untrue, losing union-related protection under the National Labor Relations Act (“NLRA”).

Sixth Circuit: Arbitration Provisions Prohibiting Concerted Protected Activity are Unenforceable

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All Employers with KY, MI, OH, and TN Employees

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May 26, 2017

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In National Labor Relations Board v. Alternative Entertainment, Inc., the Sixth Circuit court joined the Seventh and Ninth circuits in holding that mandatory arbitration provisions that contain class action waivers are unenforceable under the National Labor Relations Act (“NLRA”).  The Second, Fifth, and Eighth circuit courts took the opposite opinion.