Dykema Labor & Employment Law Blog
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Recent Posts
- Supreme Court Approves Waiver of Class/Collective Actions In Arbitration Agreements. What Does it Mean for Employers?
- Easy as ABC: California High Court Mandates New Test for Independent Contractors–Most Workers Should Now be Classified as Employees
- Higher Learning: Employees of Educational Institutions Likely Protected From Sexual Orientation Discrimination under Title IX
- Face/Off: The Illinois Biometric Information Privacy Act Spawns a Wave of Class Action Lawsuits
- The Supreme Court Gives Employers the Green Light, Will No Longer Narrowly Construe FLSA Exemptions
- Silence Just Became More Expensive: Trump Tax Reform Requires Employers to Choose Between Tax Deduction and Confidentiality of #MeToo Settlements
- Employers Face Risks Despite State Sexual Harassment Allegations in the Post-Weinstein Era, Placing Higher Emphasis on Internal Investigations
- The DOL’s Wage & Hour Division “Dusts-Off” Shelved Opinion Letters
- U.S. Department of Labor Revision of Intern Test Provides Clarity to Employers
- The New NLRB Takes Major Swings at "Obama Board" Initiatives
Showing 1 post in U.S. Supreme Court.
DirecTV Supreme Court Ruling Sets Stage for NLRB Battle Over Class Action Waivers
Class action waivers combined with arbitration provisions continue to be a hot-button issue both in the courts and before federal administrative agencies. Most recently, with its ruling in DirecTV, Inc. v. Imburgia, et al., on Monday, December 14, 2015, the United States Supreme Court again held that the Federal Arbitration Act (“FAA”) trumps state laws prohibiting arbitration. This bolstered its previous ruling in AT&T Mobility v. Concepcion, 563 U.S. 333 (2011), in which the Supreme Court found that, under the FAA, businesses could use standard-form contracts containing arbitration agreements with class action waivers to forbid consumers from banding together in a single arbitration. The Concepcion decision also held that the FAA trumped state law that forbid mandatory arbitration and class action waivers as unconscionable. Read More ›