It’s NLRB vs. the Courts on Class Action Waivers: Navigating the Unbridgeable Disparity
The National Labor Relations Board (NLRB) is in standoff with a number federal courts over the legality of arbitration agreements that require employees to waive their right to be involved in class or collective actions. The NLRB has been issuing cases reaffirming its theory that such requirement violates the National Labor Relations Act (NLRA). Moreover, NLRB has continued promoting its theory despite losing twice at the Fifth Circuit Court of Appeals. The Supreme Court has also been asked to settle conflicting conclusions drawn by the NLRB and several circuit courts on this issue.
Employers should carefully assess the inclusion of class or collective action waivers in their arbitration agreements and keep themselves abreast with the developments in order to prevent any legal challenges.
In this LIVE Webcast, a panel of distinguished professionals and thought leaders assembled by The Knowledge Group will help employers understand the fundamental aspects of this significant topic. They will provide an in-depth discussion of the disparity between the courts and the NLRB. Speakers will also offer best practices in developing and implementing arbitration agreements.
Key topics include:
- Arbitration Agreements and the National Labor Relations Act
- Notable Cases
- The Unbridgeable Disparity
- Collective Action Waivers in Arbitration Agreements
- What Employers Should Do
- Best Compliance Practices
- Regulatory Forecast
Ann C. Hodges, Professor of Law
University of Richmond School of Law
Bruno W. Katz, Partner
Wilson Elser Moskowitz Edelman & Dicker LLP
- Primer on class and collective action waivers and their use by employers.
- NLRB interprets the National Labor Relations Act to prohibit class and collective action waivers.
- Split in the circuits: Two courts of appeals (the Seventh and Ninth Circuits) agree with the NLRB while the Fifth and others do not.
- Pros and cons of arbitration and alternative dispute resolution as effective forums for claims.
- What the future holds: Persistent vacancies on the U.S. Supreme Court and on the NLRB itself make it uncertain whether the NLRB’s current position on waivers will be sustained.
Who Should Attend:
- Employment and Labor Lawyers
- In-House Counsel
- Top Level Management
- Private and Public Companies
- Multinational Companies
- Other Related/Interested Professionals and Organizations
Bruno Katz is a partner in Wilson Elser’s San Diego office. He maintains a diverse business litigation practice that includes labor and employment, professional liability, corporate litigation and complex, multi-party litigation. Bruno represents a wide variety of clients, including hospitality companies, insurance brokers and agents, real estate agents, attorneys, transportation companies and pharmaceutical/home health care companies. A captain in the Navy Reserves with the Judge Advocate General's Corps (JAG), Bruno is currently serving as the Staff Judge Advocate for Commander, Navy Region Southwest Reserve Component Command (NRSW RCC). Bruno serves as the senior Judge Advocate and legal adviser to NRSW RCC as well as a Deputy Assistant Judge Advocate General for Reserve Affairs and Operations. Bruno has been a member of the JAG Corps for 25 years in an active duty and a reserve capacity.
Bruno Katz is a partner in Wilson Elser’s San Diego office. He maintains a diverse business litigation practice that includes …
Ann C. Hodges is Professor of Law at the University of Richmond where she has twice won the University’s Distinguished Educator Award. Her teaching and research focuses on labor and employment law and nonprofit organizations. Professor Hodges has published numerous articles and book chapters and co-authored two books. Her scholarship focuses on the intersection of labor and employment law, alternative dispute resolution, and public sector employment. Professor Hodges has written about the National Labor Relations Act and class action waivers and her article was cited by the NLRB in D.R. Horton and Murphy Oil, two leading cases on the issue. She has made professional presentations to academics, practitioners in labor and employment relations, nonprofit organizations, health care professionals, and cancer patients and their families.
Ann C. Hodges is Professor of Law at the University of Richmond where she has twice won the University’s Distinguished …
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NASBA Field of Study:
Business Law - Technical
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University of Richmond School of Law
About Wilson Elser Moskowitz Edelman & Dicker LLP
Wilson Elser, a full-service and leading defense litigation law firm, serves its clients with nearly 800 attorneys in 30 offices in the United States and one in London. Founded in 1978, it ranks among the top 200 law firms identified by The American Lawyer and is included in the top 50 of The National Law Journal's survey of the nation's largest law firms. Wilson Elser serves a growing, loyal base of clients with innovative thinking and an in-depth understanding of their respective businesses.
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