Class/Collective Actions

If persistence is what you want from the NLRB, then you are probably happy with the Board’s recent ruling on Murphy Oil USA’s class and collective action waivers.  In case you missed it, the NLRB held that employment arbitration provisions that contain class and collective waivers are unlawful.  The NLRB’s decision came in direct conflict with a recent decision from the Fifth Circuit Court of Appeals.  Indeed, just two years ago the Fifth Circuit reversed a virtually identical NLRB decision, which seemed to decide the issue for good.  The NLRB, however, took another bite at the apple and reignited the controversy in Murphy Oil USA v. NLRB. (more…)