Can Employers Ban Workers' Class Actions?

The current eight-member US Supreme Court is not agreeing to hear many highly contested cases, including class actions, where a 4-4 disagreement might be expected. One enormously important class action issue, however, is likely to be considered soon: Can employers use mandatory arbitration clauses i...

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Bibliographic Details
Published in:The National Law Journal & Legal Times 2016-10, Vol.39 (9), p.14
Main Author: Bryant, Arthur
Format: Article
Language:English
Subjects:
Arbitration
Class action lawsuits
Clauses
Employment contracts
Federal court decisions
Labor relations
State court decisions
Online Access:Get full text
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Summary:The current eight-member US Supreme Court is not agreeing to hear many highly contested cases, including class actions, where a 4-4 disagreement might be expected. One enormously important class action issue, however, is likely to be considered soon: Can employers use mandatory arbitration clauses in employment contracts to ban workers' collective, and class actions? First, in National Labor Relations Board v. Murphy Oil USA, the NLRB says the US Court of Appeals for the Fifth Circuit erred when it held the company could use a mandatory arbitration clause in its form employment contract to prohibit all workers at more than 1,000 stores in 21 states from pursuing collective actions under the Fair Labor Standards Act and class actions in federal and state court.
ISSN:2163-8756