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Arise Virtual Solutions, Inc.

366 NLRB No. 163 (N.L.R.B. 2018)
Arise Virtual Solutions, Inc.

12 Cited authorities

  1. EPIC Sys. Corp. v. Lewis

    138 S. Ct. 1612 (2018)   Cited 973 times   169 Legal Analyses
    Holding that, under Concepcion , "courts may not allow a contract defense to reshape traditional individualized arbitration" and "a rule seeking to declare individualized arbitration proceedings off limits" is preempted by the FAA

  2. Bill Johnson's Restaurants, Inc. v. Nat'l Labor Relations Bd.

    461 U.S. 731 (1983)   Cited 980 times   17 Legal Analyses
    Holding that the NLRB could not bar an employer from pursuing a well-grounded lawsuit for damages under state law

  3. Nat'l Labor Relations Bd. v. United Insurance Co. of America

    390 U.S. 254 (1968)   Cited 326 times   12 Legal Analyses
    Holding that "all of the incidents of the relationship must be assessed and weighed with no one factor being decisive"

  4. Morris v. Ernst & Young, LLP

    834 F.3d 975 (9th Cir. 2016)   Cited 147 times   52 Legal Analyses
    Holding arbitration provisions mandating individual arbitration of employment-related claims violate the NLRA and fall within the FAA's saving clause

  5. D.R. Horton, Inc. v. Nat'l Labor Relations Bd.

    737 F.3d 344 (5th Cir. 2013)   Cited 142 times   145 Legal Analyses
    Holding that an arbitration agreement that prohibited an employee from pursuing claims collectively did not violate the NLRA and must be enforced

  6. Lewis v. Epic Sys. Corp.

    823 F.3d 1147 (7th Cir. 2016)   Cited 124 times   58 Legal Analyses
    Holding that such waivers violate the Fair Labor Standards Act

  7. Nat. Licorice Co. v. Labor Bd.

    309 U.S. 350 (1940)   Cited 316 times   5 Legal Analyses
    Holding that requiring employees to sign individual contracts waiving their rights to self-organization and collective bargaining violates § 8 of the NLRA

  8. Walthour v. Chipio Windshield Repair, LLC

    745 F.3d 1326 (11th Cir. 2014)   Cited 105 times   10 Legal Analyses
    Holding that arbitration agreements with collective action waivers are enforceable in the context of an FLSA putative collective action and thus affirming order compelling arbitration and dismissing FLSA complaint

  9. Murphy Oil United States, Inc. v. Nat'l Labor Relations Bd.

    808 F.3d 1013 (5th Cir. 2015)   Cited 66 times   103 Legal Analyses
    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

  10. Chauffeurs, Teamsters & Helpers Local 776 Affiliated with International Brotherhood of Teamsters v. Nat'l Labor Relations Bd.

    973 F.2d 230 (3d Cir. 1992)   Cited 10 times
    Affirming the Board's imposition of attorney's fees from the time at which the arbitration became unlawful

  11. Rule 19 - Required Joinder of Parties

    Fed. R. Civ. P. 19   Cited 9,789 times   55 Legal Analyses
    Holding a person must be joined if disposing the action in the person's absence may leave an existing party subject to a "substantial" risk of incurring inconsistent obligations

  12. Section 152 - Definitions

    29 U.S.C. § 152   Cited 3,214 times   27 Legal Analyses
    Defining a supervisor to include “any individual having authority . . . to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibly to direct them, or to adjust their grievances, or effectively to recommend such action, if in connection with the foregoing the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment”