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By A. Scott Hecker, Adam R. Young, Patrick D. Joyce, James L. Curtis, and Craig B. Simonsen

Seyfarth Synopsis: On April 14, 2023, we attended a webinar presented by U.S. DOL Solicitor Seema Nanda, DOL Wage and Hour Division Principal Deputy Jessica Looman, DOL Occupational Safety and Health Administration Assistant Secretary Doug Parker, National Labor Relations Board General Counsel Jennifer Abruzzo…

Continue Reading Looking to Prevent and Address Workplace Retaliation, Government Leaders from DOL, NLRB, and EEOC Present Employers with “Best Practices”

By David S. Baffa, Noah A. Finkel, and Joseph S. Turner

Seyfarth Synopsis: Congress has once again proposed legislation that would seek to ban mandatory workplace arbitration of employment claims, despite a string of United States Supreme Court decisions upholding arbitration and class/collective action waivers as a lawful and appropriate mechanism to resolve workplace disputes. 

H.R. 7109,…
Continue Reading Halloween Bill Provides a Scare By Seeking to Prohibit Workplace Arbitration Altogether

Co-authored by: Steve Shardonofsky and John P. Phillips

Seyfarth Synopsis: On November 7, 2017, the U.S. House of Representatives passed the Save Local Businesses Act. If passed by the Senate, the bill would overturn Obama-era decisions and agency guidance broadly defining and holding separate, unrelated companies liable as “joint employers” under federal wage & hour and labor law. Perhaps more …
Continue Reading Passage of the Save Local Businesses Act in the House May Signal a Broader Rejection of Obama-Era Rules On Joint Employment

Authored by Andrew L. Scroggins, Noah A. Finkel, and David S. Baffa

Seyfarth Synopsis:  The NLRB has withdrawn the significant concession it offered at oral argument on the nature of the NLRA rights it seeks to assert in the face of employers’ mandatory arbitration programs.

As noted in our earlier blog post, the Supreme Court heard oral…
Continue Reading NLRB About-Face Highlights Lack of Reasoning on the Class Action “Right” It Seeks to Assert

Authored by Holger G. Besch 

Perhaps signaling the importance of the issue for American businesses and jurisprudence, the U.S. Supreme Court‎ chose the first day of its term beginning in October as the date to set oral arguments in three petitions for certiorari asking whether employees can be required to waive their rights via arbitration agreements to file class and…
Continue Reading SCOTUS Puts the Class Action Waiver Issue at the Top of Its Agenda

Co-authored by Richard Alfred and Patrick Bannon

The National Labor Relations Board’s decision in Browning-Ferris Industries of California, Inc., announced last week, dramatically expands joint employer liability under the National Labor Relations Act. A business can be found to be a joint employer of individuals, the Board concluded, even if the business has only unexercised potential power to control…
Continue Reading What the Browning-Ferris Decision May Forecast for Wage and Hour Law

Co-authored by Christina F. Jackson and Julie G. Yap

While employers have been waiting patiently for the California Supreme Court’s decision regarding the enforceability of class and representative action waivers in arbitration agreements, last week, a California federal court jumped into the fray and held that state law rules are powerless against the broad preemptive power of the Federal…
Continue Reading Preempt This! California Federal Court Holds that Federal Law Preempts State Law Rules Against Waivers in Arbitration Agreements

Authored by Gena Usenheimer

In a decision that is becoming more and more commonplace, last week the Central District of California enforced a class action waiver in an arbitration agreement, rejecting the panoply of arguments raised by the plaintiff in opposition.

In Appelbaum v. AutoNation, Inc., et al., the plaintiff sought to representative a putative class of service technicians and…
Continue Reading Another One Bites the Dust: Central District of California Joins the Chorus of Courts Enforcing Class Action Waivers

Co-authored by Joshua Seidman and Nadia Bandukda

D.R. Horton Who?  Who is not the question here, it is why and what is going on with the NLRB saga?  Last week, the NLRB filed a petition for rehearing with the Fifth Circuit seeking reconsideration and reversal of the appellate court’s December 2013 decision regarding employee class action waivers. 

The Board’s petition…
Continue Reading D.R. Horton Rehears a Who: NLRB Files Petition for Rehearing with Fifth Circuit

Co-authored by Richard L. Alfred and Patrick J. Bannon

Employers that want to use traditional bilateral arbitration to resolve employment disputes won an important victory yesterday:  the Fifth Circuit overturned the National Labor Relations Board’s controversial D.R. Horton decision.  Nothing in federal labor law, the Fifth Circuit ruled, forbids employers and employees from agreeing to resolve disputes through individual rather…
Continue Reading Horton Hears a Reversal: The Fifth Circuit Overturns the National Labor Relations Board’s Controversial D.R. Horton Decision