All Items: National Labor Relations Act (NLRA)

  • 9th Circuit Becomes Second Appeals Court to Rule That Class Action Waivers Violate NLRA

    August 30, 2016

    The 9th Circuit's ruling in Morris v. Ernst & Young, LLP, deepens a split between the circuits, increasing the odds that the Supreme Court eventually will resolve the question of whether arbitration agreements may include class action waivers.

  • NLRB Rules Grad Students Are Employees, Can Unionize

    August 25, 2016

    The National Labor Relations Board (NLRB) has held that graduate students who work as teaching and research assistants are statutory employees under labor law and, therefore, are entitled to unionize and collectively bargain for better working conditions.

  • NLRB Allows Bargaining Units With Temporary, Permanent Employees Without Employer Consent

    July 13, 2016

    In Miller & Anderson, Inc., the National Labor Relations Board has ruled that employer consent is not required for bargaining units that combine contingent and regular employees so long as the employees share a community of interest.

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

    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.

About This Category

News: HR guidance on complying with the NLRA.