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
This CLE webinar 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.
- An overview of the NLRB's decision in D.R. Horton, Inc.
- The case of D.R. Horton, Inc.
- The restriction and the reasoning behind it
- The distinction between the case and AT&T Mobility v. Concepcion
- Impact of the decision on employment class actions
- Best practices for complying with the NLRA
- Evaluating agreements currently in effect
- Potential future litigation
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.
Henry D. Lederman
He has devoted his practice almost exclusively to employment law counseling, litigation and appeals, including those... | Read More
He has devoted his practice almost exclusively to employment law counseling, litigation and appeals, including those related to the drafting and enforcement of arbitration agreements. He works with a variety of clients in many different industries, including retail, manufacturing, consumer products, service providers and more.Close
William J. Emanuel
He has extensive experience representing employers in traditional labor matters and has particular expertise with laws... | Read More
He has extensive experience representing employers in traditional labor matters and has particular expertise with laws concerning union access to the private property of employers. He works with a broad range of clients, including trade associations, hospitals and other health care institutions, school districts, transportation and logistics companies and manufacturing companies.Close
Gavin S. Appleby
He advises and represents employers in a broad range of employment law matters, from defending single-plaintiff and... | Read More
He advises and represents employers in a broad range of employment law matters, from defending single-plaintiff and class action employment cases to offering advice on difficult employment issues and labor relations matters. He regularly appears before the Equal Employment Opportunity Commission, the National Labor Relations Board, and the Department of Labor as well as many state agencies.Close