Topic: arbitration

NLRB Rules Witness Statements Are No Longer Confidential

“In yet another reversal of longstanding, bright-line precedent, the National Labor Relations Board (NLRB or Board) has changed dramatically the rule applicable to employers in responding to union information requests seeking employee witness statements collected during a workplace investigation.” (Ogletree Deakins) Since 1978, the National Labor Relations Board (NLRB) allowed employers to maintain the confidentiality… Read more »

Workplace Issues: Latest Need-to-Know Employment Law News

 What’s news? Cost of living adjustments, arbitration, modified workweeks, healthcare deadlines, social media policies, IP and employment issues, EEOC guidance on gender-based violence, wellness programs … for your HR reference, here’s a roundup of recent guidance and analysis by the nation’s leading employment lawyers and law firms. As posted on JD Supra: – Ninth Circuit… Read more »

Construction News: Developers Can Force Arbitration of Disputes, CA Supreme Court Rules

Earlier this month, the California Supreme Court held that homeowners’ associations are bound by arbitration provisions in covenants, conditions and restrictions (CC&Rs). From law firm Allen Matkins: “… the California Supreme Court issued a significant opinion in the matter of Pinnacle Museum Tower Association v. Pinnacle Market Development (US), LLC, et al., holding that arbitration… Read more »

Another Strike Against the NLRB’s Fight to End Arbitration Clauses

Stop us if you’ve heard this one before… That’s not the lead-in to a tired joke, but rather our introduction to the latest chapter in the National Labor Relations Board’s ongoing efforts to block employer-mandated arbitration clauses in labor contracts (for earlier updates, see Mandatory Arbitration Agreements Are Dead! Long Live Mandatory Arbitration Agreements!). The… Read more »

Mandatory Arbitration Agreements Are Dead! Long Live Mandatory Arbitration Agreements!

The National Labor Relations Board continues to target mandatory arbitration agreements in employment contracts. From law firm Barger & Wolen: “… the National Labor Relations Board has filed a formal complaint against 24 Hour Fitness, alleging the gym company’s arbitration opt-out policy compels employees to waive their rights to utilize the civil litigation system, and… Read more »

7 Employment Law “Hot Buttons” for Small Business – A Legal Roundup

The landscape of employment laws evolves quickly, and entrepreneurs and small business owners are often left scrambling to understand new rules and implement new procedures. To reduce the stress, read these legal updates on seven employment law “hot buttons” that should be on the radar screen of every small business: 1.Social Media in the Workplace… Read more »

NLRB Rules Mandatory Class Action Waivers Unlawful: 6 Takeaways for Employers & Employees

On January 3, 2012, the National Labor Relations Board ruled in D.R. Horton that the National Labor Relations Act prohibits mandatory arbitration policies forcing employees to give up their rights to participate in class action lawsuits over workplace conditions. As a result, employers with arbitration policies in place will need to review those policies to… Read more »