Upholding its earlier holding in D.R. Horton, Inc. v. NLRB , 737 F.3d 344 (5th Cir. 2013), that arbitration provisions mandating individual arbitration of employment-related claims do not violate the NLRA and are enforceable under the FAA
96 F. Supp. 3d 71 (S.D.N.Y. 2015) Cited 53 times 2 Legal Analyses
Holding that arbitration provision in employee handbook was enforceable agreement to arbitrate and that "[i]t is well-settled that revisions to an employee handbook are binding when the employee continues to work after receiving notice of the revisions"
99 F. Supp. 3d 1072 (N.D. Cal. 2015) Cited 21 times
Finding the defendant's burden to establish the existence of a valid agreement satisfied where the defendant offered a detailed, unopposed declaration establishing that plaintiff did electronically sign the agreement, and the plaintiff did not "challenge the authenticity of his signature or the prima facie validity of the arbitration agreement," nor did the plaintiff offer evidence to suggest that he did not sign the agreement
Concluding that "[t]he timing of the decision to contract out is suspect" where it "came on the heels of heavy union activity" and the employer knew of the purported rationale for its subcontracting decision long before it implemented that decision
Inferring discriminatory motive from, inter alia, an employer's professed desire to hire the best qualified workers and the employer's subsequent decision to hire employees with no relevant experience over union members with experience
29 U.S.C. § 151 Cited 5,091 times 34 Legal Analyses
Finding that "protection by law of the right of employees to organize and bargain collectively safeguards commerce" and declaring a policy of "encouraging the practice and procedure of collective bargaining"