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ARTICLE · 01 AUGUST 2017

Top Five Labor Law Developments For June 2017

Jackson Lewis P.C.
Jackson Lewis P.C.
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Jackson Lewis P.C.

Jackson Lewis P.C.

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1.In an amicus brief filed with the U.S. Supreme Court, the U.S. Department of Justice reversed itself and argued for the legality of mandatory arbitration agreement provisions waiving employees' rights...

United StatesEmployment and HR
  1. In an amicus brief filed with the U.S. Supreme Court, the U.S. Department of Justice reversed itself and argued for the legality of mandatory arbitration agreement provisions waiving employees' rights to bring class actions under the National Labor Relations Act. The parties have asked the Court to settle a Circuit Court split on whether such agreements are lawful under the Act. In its petition in NLRB v. Murphy Oil USA Inc., No. 16-307, the Obama DOJ had asked the Court to settle that split by holding such provisions are unlawful under the Act. According to the DOJ's brief reversing that position, since President Donald Trump took office, the DOJ has "reconsidered the issue and has reached the opposite conclusion." The consolidated cases are Ernst & Young LLP et al. v. Morris et al., No. 16-300; NLRB v. Murphy Oil USA Inc., No. 16-307; and Epic Systems Corp. v. Lewis, No. 16-285.

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