Is No Class Action Waiver Safe? NLRB Judge Invalidates an Employer’s Non-Mandatory Arbitration Agreement with Non-Union Employees

By | Management Memo | July 6, 2015

Even further expanding the NLRB’s shocking holdings in D.R. Horton and Murphy Oil on June 26, 2015, an NLRB administrative law judge (“ALJ”) ruled that even a non-mandatory arbitration agreement that is voluntarily entered into by employees is unlawful if it requires employees to waive joint, class or collective actions in all forums, judicial and arbitral.

A Year Later: The Impact of Halliburton II is Still Developing

A Year Later: The Impact of Halliburton II is Still Developing

In June 2014, the Supreme Court issued its decision in Halliburton Co. v. Erica P. John Fund Inc. (“Halliburton II”), a putative class action in which Halliburton investors alleged that the company made misrepresentations designed to inflate its stock price, in violation of section 10(b) of the Securities Exchange Act of 1934 and Securities and Exchange Commission Rule 10b-5. 134 S. Ct. 2398 (2014).