The National Labor Relations Board filed a complaint against Postmates, Inc., an on-demand company, similar to Uber, that has a network of couriers delivering goods. The complaint alleges that Postmate’s violated the National Labor Relations Act by requiring employee drivers to enter into arbitration agreements as a term of employment. The complaint further alleged that Postmates interfered…

Since arbitration helps companies avoid the high costs associated with litigation, companies often have employees enter into agreements to arbitrate disputes rather than take them to court. Workers at Applebee’s restaurants in Pennsylvania, New Jersey, Maryland, and Delaware typically sign an arbitration agreement that includes a term prohibiting employees from becoming members of a class…

Labor unions are targeting franchisees and the restaurant industry as a whole, and they are not alone. Worker centers, including Fast Food Forward and Worker’s Organizing Committee are generally closely affiliated with, i.e. fully funded by, labor unions, and are the brains behind the fast food strikes, Black Friday strikes at Wal-Mart, and raising the…

In D.R. Horton, a group of employees sued the Company for alleged wage and hour violations. The Company sought to dismiss the lawsuit because the employees had previously signed mandatory arbitration agreements prohibiting them from instituting concerted or class action lawsuits against the Company. The Board ruled in favor of the employees holding that mandatory…

As appearing in the Human Resources of Central Ohio (HRACO) monthly newsletter    Are You Coming to the HRACO Labor Relations SIG to Learn About These Important Changes From the National Labor Relations Board?  Thank you for such great feedback and enthusiasm for HRACO’s first Special Interest Group dedicated exclusively for traditional labor matters. A…

As appearing in the Human Resources of Central Ohio (HRACO) monthly newsletter   Does Your “At-Will” Employment Disclaimer Violate the NLRA? This is becoming an unfortunate theme to my monthly column. If you haven’t noticed, I write an article highlighting something of significance that occurred at the National Labor Relations Board the previous month. When…