Category Archives: Arbitration

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Class Action Waivers: Silence May NOT Be Golden

Class
Since when does silence in a contract speak louder than words? The United States Supreme Court will soon answer this question in deciding whether an arbitration agreement between an employer and its employees can authorize a class action arbitration proceeding when the agreement is silent as to the issue. Employees with arbitration agreements that contain … Continue reading this entry

Potential #MeToo-Motivated Laws Address More Than Just Sexual Harassment

#MeToo
The #MeToo movement has spawned several bills, many of which are aimed at prohibiting private arbitration of sexual harassment claims or outlawing confidentiality provisions in settlement agreements addressing sexual harassment claims.… Continue reading this entry

5th Circuit Rejects NLRB's Position on Class/Collective Action Waivers

On December 3, 2013, in a landmark decision, the United States Court of Appeals for the Fifth Circuit (“Fifth Circuit”) in D.R. Horton, Inc. v. National Labor Relations Board, rejected the argument that the National Labor Relations Act (“NLRA”) banned class and collective action waivers in employment arbitration agreements.  This decision overturned the National Labor Relations … Continue reading this entry