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Appellate Court Reverses NLRB and Upholds Legality of Class Action Waivers

Kollman & Saucier
Kollman & Saucier
12/04/2013
Agency Activity, Arbitration, Labor Law
Employers scored a big victory yesterday when the United States Court of Appeals for the Fifth Circuit reversed the National Labor Relations Board's D.R Horton ruling, which invalidated an employer's arbitration agreement containing a waiver of an employee's right to file class-action claims. D.R. Horton v. NLRB, 5th Cir No. 12-60031 (12/3/13).  The decision will make it  easier for employers to enforce class-action waivers, including waivers of...
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20-Day Window Too Short A Time To File Internal Complaint Of Discrimination

Kollman & Saucier
Kollman & Saucier
05/08/2013
Arbitration, Employment Discrimination
Quality Restaurant Concepts, LLC (perhaps better known as Applebee’s), maintains an internal dispute resolution (IDR) process and an Employment Arbitration Policy.  The company’s arbitration policy covers Title VII claims, and the IDR policy set a 20-day deadline for employees to pursue claims of discrimination.  Under the arbitration policy, Applebee’s employees are required to complete the IDR process before participating in arbitration. ...
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