Menu Wessels Sherman Joerg Liszka Laverty Seneczko P.C.
Protecting Employers for Over 30 Years
Office Location
St. Charles, IL Chicago, IL Office Davenport, IA Office Minneapolis, MN Office Milwaukee, WI Office
St. Charles, IL Chicago, IL Office Davenport, IA Office Minneapolis, MN Office Milwaukee, WI Office
St. Charles, IL Chicago, IL Office Davenport, IA Office Minneapolis, MN Office Milwaukee, WI Office

Posts tagged "National Labor Relations Act"

Ongoing Saga - Class Action Waivers

Since 2012, there has been an ongoing saga created by the National Labor Relations Board (NLRB) as to whether or not an Employer can require its Employees, as a Condition of Employment, to agree to arbitrate all Legal Claims against the Employer on an individual basis only, thereby waiving Class and Collective Action Procedures. The NLRB initially took issue with this type of action in the D.R. Horton, Inc. Case., 357 NLRB No. 184 (2012), in which it held that requiring Employees to waive the right to bring Claims in the form of a Class Action (or a Collective Action under the Fair Labor Standards Act) violated the guarantee of rights, as provided in Section 7 of the National Labor Relations Act, that allows Employees the right to engage in "protected concerted activity for mutual aid or protection". When that Case was appealed to the Fifth Circuit Court of Appeals, the Fifth Circuit denied enforcement of the Board's Order in the D.R. Horton, Inc. Case. Subsequently, the NLRB issued another Decision with a different Employer (Murphy Oil USA, Inc., 361 NLRB No. 72 (2014)) reaching the exact same results - that Class Waivers in Arbitration Agreements, as a Condition of Employment, unlawfully interfered with Employees' rights to engage in "protected and concerted activity" under the National Labor Relations Act. That ruling was again rejected by the Fifth Circuit on Appeal.

Office Locations

140 S. Dearborn Street
Suite 404
Chicago, IL 60603

Phone: 312-629-9300
Map & Directions
Chicago, IL Office

1860 Executive Drive
Suite E-1
Oconomowoc, WI 53066

Phone: 262-560-9696
Map & Directions
Milwaukee, WI Office

8009 34th Avenue South
Suite 185
Minneapolis, MN 55425

Phone: 952-746-1700
Map & Directions
Minneapolis, MN Office

101 West Second Street
Suite 307
Davenport, IA 52801

Phone: 563-333-9102
Map & Directions
Davenport, IA Office

Dunham Center
2035 Foxfield Road
St. Charles, IL 60174

Phone: 630-377-1554
Map & Directions
St. Charles, IL Office

Wessels Sherman Joerg Liszka Laverty Seneczko P.C.

Privacy Policy | Business Development Solutions by FindLaw, part of Thomson Reuters.