All Items: Alternative Dispute Resolution (ADR)

  • Class Action Waivers in Arbitration Agreements Violate NLRA, 7th Circuit Rules

    Date:
    June 1, 2016

    The 7th Circuit Court of Appeals has ruled, in Lewis v. Epic-Systems Corp., 2016 U.S. App. LEXIS 9638 (7th Cir. 2016), that a health care software company's arbitration agreement violates the right of employees to engage in protected concerted activity under the National Labor Relations Act (NLRA) by barring them from participating in or pursuing wage-and-hour class action or collective claims. Because the ruling deepens a split among the circuits on this issue, it could lead to an eventual review by the Supreme Court to resolve the inconsistency.

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News: HR guidance on alternative dispute resolution methods, its usefulness in the pre-dispute phase and its usefulness as a means to resolve pending disputes.