Applebee’s Class Action Ban Latest to be Ruled Unlawful by National Labor Relations Board

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…
Read More

Complaining of Secondhand Pot Smoke: Protected Concerted Activity or Terminable Offense?

A carpenter hired by Circus Circus Casinos in Las Vegas to work on guest rooms complained during a safety meeting that workers were exposed to secondhand marijuana smoke while performing work in rooms and he was concerned that this exposure could cause a positive drug test. The carpenter was later discharged for another reason and…
Read More

Arbitrator Re-Writes Union Contract to Make Certain Employees Eligible for a Bonus

Seven different unions were negotiating a collective bargaining agreement with a single employer. While bargaining for the 2011 agreement, everyone agreed to exclude newly hired workers from an established pension plan, but did not discuss the “Copper Price Bonus” or workers’ eligibility for it. The bonus was kept in place in the 2011 version of…
Read More

Oil Company Latest to Lose Arbitration Agreement Enforcement from NLRB

Relying on the controversial D.R. Horton case, the NLRB ruled that gas station chain Murphy Oil’s arbitration agreements barring employees from pursuing class actions were unlawful. Three pro-Union Board Members ruled that the gas station violated the law by requiring employees to resolve employment claims in individual arbitration and seeking to enforce its agreements in…
Read More

NLRB Arbitration Agreement Antics Continue

The National Labor Relations Board recently found the arbitration agreements of three companies unlawful. A clothing store, grocery chain, and limousine company each had their arbitration agreements axed by the Board for prohibiting employees from acting concertedly against their employer. Specifically, clothing store Ross Stores required employees to agree to the arbitration policy that required…
Read More

NLRB Attacks Another Arbitration Agreement

Employees of UnitedHealth Group, Inc. tried to file a wage and hour class action against the employer but were forced to, instead, arbitrate their claims individually pursuant to the arbitration agreement they signed at the time they were hired. After losing their plea to file a class action, the employees sought – and received –…
Read More