By:  Kenneth R. Dolin, Esq.

The U.S. Supreme Court last month decided the Noel Canning case, unanimously holding that President Obama’s proposed recess appointments of Terrence Flynn, Sharon Block and Richard Griffin to be members of the National Labor Relations Board (Board) were unconstitutional. The Court reasoned that the brief Senate break in January

By:  Ashley K. Laken, Esq.
On May 19th, an NLRB administrative law judge (“ALJ”) found that a Hooters franchise located in Ontario, California unlawfully fired a waitress after she complained about a bikini contest run by the restaurant. The ALJ also held that Hooters maintained unlawful rules in its employee handbook, and that it

By: Anne D. Harris, Esq.

Despite heavy criticism and the Court of Appeals for the Fifth Circuit’s recent invalidation of the National Labor Relations Board’s (“NLRB”) D.R. Horton decision, the NLRB has not revised its position on class action waivers in employment arbitration agreements. Perhaps not surprisingly, the Board has not only ignored the

By: Michele Haydel Gehrke, Esq.

On November 8, 2013, Administrative Law Judge Bruce D. Rosenstein upheld a class action waiver in a mandatory employment arbitration agreement notwithstanding the NLRB’s controversial ruling in D.R. Horton banning such class action waivers because they purportedly chill employees’ rights to engage in concerted protected activity under Section 7

By: Howard M. Wexler, Esq.

As our loyal blog readers are most certainly aware, the National Labor Relations Board’s D.R. Horton decision has been heavily criticized by courts around the country. In fact, earlier this month the Second Circuit Court of Appeals in Sutherland v. Ernst & Young LLP [discussed here] overturned a

By: Anne D. Harris, Esq.

In MasTec Services Co. Inc., Case. No. 16-CA-086102 (“MasTec”), an NLRB Administrative Law Judge (“ALJ”) added an additional twist to the already controversial NLRB decision D.R. Horton Inc., 357 N.L.R.B. No. 184 (Jan. 3, 2012). In D.R. Horton, the Board decided that a mandatory arbitration agreement