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SCOTUS Holds that Class Action Waivers in Employment Contracts Must be Enforced

On May 22, 2018 by Schnader in schnaderfsb.com

By Stephen A. Fogdall In a landmark decision, the U.S. Supreme Court has ruled 5-4 that arbitration clauses in employment contracts requiring individual dispute resolution procedures and prohibiting class actions and other collective litigation procedures must be enforced under the Federal Arbitration Act.  The Court rejected the position taken by […]

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Crucial Labor and Employment Issues on the Line in Landmark U.S. Supreme Court Case

On September 29, 2017 by Schnader in schnaderworks.com

By Jo Bennett UPDATE 10-04-2017 The oral argument before the U.S. Supreme Court on Monday, October 2, was reported in the media as reflecting a deeply divided Court. It was noted that many thousands of employers and 25 million employees from coast to coast will be affected by the decision […]

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NLRB Notice Posting Rule Invalidated by Fourth Circuit

On June 14, 2013 by Schnader in schnaderworks.com

By Scott J. Wenner The United States Court of Appeals for the Fourth Circuit has delivered the latest in a series of judicial roundhouse blows to the National Labor Relations Board. In Chamber of Commerce of the United States v. National Labor Relations Board, the Court held that the NLRB exceeded its rulemaking […]

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Third Circuit Rules that NLRB had no Authority to Act Due to Invalid Recess Appointment

On May 17, 2013 by Schnader in schnaderworks.com

By Michael J. Wietrzychowski On May 16, 2013, the Third Circuit ruled that President Obama’s recess appointment of Craig Becker to the National Labor Relations Board was invalid, thus leaving two valid appointees to the five-member Board.  The consequence of this decision is that the remaining two-member Board never had the […]

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