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26 Aug 2016, 9:06 am
Corp., held in 2-1 decision that an employer violates the National Labor Relations Act (NLRA) when it requires employees to sign an agreement precluding them from pursuing, in any forum, wage-and-hour claims against the employer on a collective basis. [read post]
12 Oct 2023, 10:57 am
Federal Arbitration Act Preemption The United States Supreme Court has consistently and unequivocally declared a national policy favoring arbitration of claims. [read post]
20 Dec 2024, 5:24 pm
Live Nation Entertainment, 120 F.4th 670 (9th Cir. 2024), the U.S. [read post]
14 Aug 2009, 10:24 am
Congress Hearing on the Misuse of Arbitration to Collect Consumer Debts (July 20) National Arbitration Forum Sued by the Minnesota Attorney General (July 16) Law Journal Article: “Civil Jury Trials R.I.P.? [read post]
10 Feb 2012, 10:37 am
Horton, the Board concluded that an employer commits an unfair labor practice under the National Labor Relations Act (“NLRA”) when it requires, as a condition of employment, its employees to sign an arbitration agreement that precludes them from filing, in any forum, any class or collective claims addressing their wages, hours or other working conditions against the employer. [read post]
11 Dec 2013, 2:52 pm
” The combined effect of these three provisions was that D.R.Horton’s employees could not pursue class or collective claims in an arbitral or judicial forum. [read post]
7 Sep 2016, 8:33 am
” After that, the appellate court addressed prior legal precedent regarding the issue: The National Labor Relations Board (the “Board”) has squarely addressed the issue on appeal and repeatedly concluded that Sections 7 and 8(a)(1) of the NLRA and Sections 2 and 3 of the NLGA foreclose enforcement of arbitration agreements that waive an employee’s right to pursue legal claims in any judicial or arbitral forum on a collective action… [read post]
21 Feb 2022, 1:45 pm
Within a ticket holders’ terms and conditions, Amtrak states: “This Arbitration Agreement is intended to be as broad as legally permissible, and, except as it otherwise provides, applies to all claims, disputes, or controversies, past, present, or future, that otherwise would be resolved in a court of law or before a forum other than arbitration. [read post]
3 Jun 2016, 3:30 am
Its seems likes ages ago that I blogged about a Seventh Circuit decision, where the appellate court held that an employment-arbitration agreement with a class-action waiver violates the National Labor Relations Act. [read post]
28 Feb 2017, 11:14 am
The three cases previously decided by the nation’s 5th, 7th, and 9th Circuit Courts of Appeal are split on the issue of whether class waivers included in an employer’s arbitration agreement are lawful under Section 8(a)(1) of the National Labor Relations Act. [read post]
23 Oct 2017, 8:48 am
One of the “big three” arbitration tribunals — the National Arbitration Forum (“NAF”) — processed hundreds of thousands of arbitration demands for a publicly traded debt buyer and several large banks and issued final decisions in favor of creditors almost 100% of the time. [read post]
14 Oct 2009, 11:01 pm
But Deanna Richert, a former manager for NAF (National Arbitration Forum), has essentially blown the whistle on the process. [read post]
3 Nov 2017, 3:27 pm
With class action waivers, employees sacrifice no substantive rights under the NLRA: employees may still act together collectively in the workplace and are limited only when they reach an arbitral forum. [read post]
21 Sep 2011, 6:36 am
The 2010 Department of Defense Appropriations Act prohibits federal contractors who receive funds under the Act for contracts over $1 million from requiring their employees or independent contractors to arbitrate Title VII or tort claims “arising out of rising out of alleged sexual assault or harassment.” Under the Dodd-Frank Wall Street Reform and Consumer Protection Act, a whistle-blowing employee cannot waive his right to a judicial forum. [read post]
10 Aug 2007, 1:43 pm
The panel did not award attorney fees or costs, and assessed $13,840.75 in forum, filing, and arbitrators' fees against Porzig. [read post]
4 May 2016, 9:22 am
Ripeness may be determined at the threshold in that forum, just as it would be determined at the threshold in this forum. [read post]
10 Jun 2009, 8:50 pm
and read the National Arbitration Forum’s Answer. [read post]
3 Jun 2016, 3:30 am
Its seems likes ages ago that I blogged about a Seventh Circuit decision, where the appellate court held that an employment-arbitration agreement with a class-action waiver violates the National Labor Relations Act. [read post]
30 Jan 2012, 5:19 am
Horton, Inc. (357 NLRB No. 184) that a mandatory waiver of class action and class arbitration proceedings violates the National Labor Relations Act (NLRA). [read post]
22 Apr 2007, 4:32 am
Via the National Arbitration Forum Blog comes an interesting article from Law.Com on attorney mediators being better suited to smaller law firms, in part because of the economics of an ADR practice.In my experience the issue for a mediator embedded in a law firm is likely to be more around issues to do with; > whether other firms in town are willing to utilise the services of a competitor to resolve their own clients' disputes,>internal firm client… [read post]
