Class Actions Blog

Posts Tagged ‘NLRA’

U.S. Justice Department switches sides in NLRB case before Supreme Court

Posted on: June 20th, 2017 by Steve Larson

The Department of Justice announced on June 16, 2017 that it will switch sides in a Supreme Court case, dropping its previous support for workers to throw its weight behind management.

The case, NLRB v. Murphy Oil, had held that an employment contract that requires the employee to waive his or her right to bring a class-action lawsuit against the employer violates the National Labor Relations Act.

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U.S. Supreme Court Delays Argument On NLRB Class Action Waiver Issue Until Late 2017 or 2018

Posted on: February 9th, 2017 by Steve Larson

On Friday, January 13, the U.S. Supreme Court agreed to resolve a conflict between the circuits as to whether class action waivers violated the National Labor Relations Act.  It accepted three of the cases for review: the 5th Circuit’s Murphy Oil case, the 7th Circuit’s Epic Systems case, and the 9th Circuit’s Ernst & Young case. The cases will be consolidated for purposes of oral argument and final written opinion.

That argument will not take place until October 2017 at the earliest, which means there will likely be no final decision until late 2017 or early 2018.  Many speculate that the delay was to allow U.S. Supreme Court nominee Gorsuch to be seated to participate in the decision.

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This blog is intended to provide information to the general public and to practitioners about developments that may impact Oregon class actions.

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  • Steve Larson

  • Steve Larson
  • Steve Larson has been representing investors, consumers and employees in class actions in Oregon for over 20 years. He is a shareholder at the law firm of Stoll Berne in Portland, Oregon.
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