On June 16, 2017, the United States Department of Justice (DOJ) changed its position with respect to the enforceability of class action waivers in the labor and employment context. The move came via the DOJ’s filing of an amicus curiae brief in three consolidated cases pending before the Supreme Court (National Labor Relations Board v. … Continue reading this entry Tags: Class Action Waivers,DOJ,NLRA,NLRB
Long gone are the days where individuals required computer access in order to connect to the internet. Smartphones are everywhere, and the internet of things (IoT) means that common objects such as cars and phones can now easily connect to the internet to send and receive data. Unsurprisingly, it feels like most people have access … Continue reading this entry Tags: Internet of Things,non-exempt,Privacy,waiting time
Nearly two years ago, in the now infamous D.R. Horton decision, the National Labor Relations Board ruled that it constitutes an unfair labor practice for an employer to require, as a condition of employment, that employees arbitrate claims as individuals rather than a class, unless a union has agreed to such arbitration provisions. Since that … Continue reading this entry Tags: Arbitration Agreement
Tuesday, December 3, 2013, marked the latest turn in the D.R. Horton saga. On Tuesday, the Fifth Circuit Court of Appeals rejected the National Labor Relations Board’s (the Board’s) January 3, 2012 ruling in the D.R. Horton case, which had found that D.R. Horton’s Mutual Arbitration Agreement was a violation of the National Labor Relations … Continue reading this entry Tags: "Class Waiver"
As we have reported on several occasions, a string of United States Supreme Court cases over the past few years has strengthened the use and applicability of arbitration provisions in contracts. For example, in AT&T Mobility LLC v. Concepcion, the Supreme Court held that a rule making class waivers unconscionable was preempted by the Federal … Continue reading this entry
Facing stiff competition for talent and a mobile work force, several technology companies located in Silicon Valley allegedly made a pact not to recruit each other’s employees including agreeing not to “cold call” employees. This led to an investigation by the U.S. Department of Justice in which it concluded that the anti-poaching agreement violated antitrust … Continue reading this entry Tags: Anti-Corporate Raiding