The NLRB's New Prohibition of Class Action Waivers in Arbitration Agreements

Assessing the Impact on Union and Non-Union Employers and Future Class Action Proceedings

New NLRB decision issued Jan. 6

Recording of a 90-minute CLE webinar with Q&A

Conducted on Wednesday, March 14, 2012

Recorded event now available

or call 1-800-926-7926
Course Materials

This CLE course will provide employment and labor law counsel with an overview of the National Labor Relations Board decision restricting the use of class action waivers in employment arbitration agreements. The panel will discuss the expected impact on employment arbitration agreements and class action suits.

Description

In January 2012, the NLRB issued a decision in D.R. Horton Inc. prohibiting employers from requiring employees to sign agreements waiving their rights to pursue class, collective or other joint claims regarding wages, hours and working conditions both in court and before an arbitrator. This extraordinary decision is now on appeal at the Fifth Circuit and seems destined for likely Supreme Court review.

The Supreme Court's decision in AT&T Mobility v. Concepcion upheld the use of class arbitration waivers in certain contracts. However, the NLRB concluded such waivers in an employment context would prohibit employees' rights to engage in concerted action under the NLRA.

Counsel for employers must understand the restrictions the NLRB ruling places on employment arbitration agreements and evaluate their clients' policies in light of this new development.

Listen as our authoritative panel of employment counsel discusses the impact the ruling will have on arbitration and class action proceedings, explains the risks in creating, maintaining and enforcing arbitration agreements, and outlines best practices for ensuring compliance with the NLRA.

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Outline

  1. An overview of the NLRB's decision in D.R. Horton, Inc.
    1. The case of D.R. Horton, Inc.
    2. The restriction and the reasoning behind it
    3. The distinction between the case and AT&T Mobility v. Concepcion
  2. Impact of the decision on employment class actions
  3. Best practices for complying with the NLRA
    1. Evaluating agreements currently in effect
    2. Potential future litigation

Benefits

The panel will review these and other key questions:

  • How did the NLRB distinguish its decision in D.R. Horton Inc. from last spring's Supreme Court decision in AT&T Mobility v. Concepcion?
  • Does this decision affect both employee class action arbitrations and class action suits?
  • Is the Horton decision vulnerable on appeal?
  • Even if Horton is upheld, will opt-out clauses be effective in arbitration agreements with class waivers?
  • How is the plaintiffs’ bar reacting to the Horton decision?
  • Are the courts now deferring to the NLRB when they rule on motions to compel arbitration?
  • What are the best policies to adopt when drafting an arbitration agreement today to comply with the NLRA?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.

Faculty

Henry D. Lederman
Henry D. Lederman
Shareholder
Littler

He has devoted his practice almost exclusively to employment law counseling, litigation and appeals, including those...  |  Read More

William J. Emanuel
William J. Emanuel
Shareholder
Littler

He has extensive experience representing employers in traditional labor matters and has particular expertise with laws...  |  Read More

Gavin S. Appleby
Gavin S. Appleby
Shareholder
Littler

He advises and represents employers in a broad range of employment law matters, from defending single-plaintiff and...  |  Read More

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