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THE SCHERZINGER CORPORATION

09-CA-165460 (N.L.R.B. Jun. 17, 2016)
THE SCHERZINGER CORPORATION

18 Cited authorities

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

    461 U.S. 731 (1983)   Cited 982 times   17 Legal Analyses
    Holding that the NLRB could not bar an employer from pursuing a well-grounded lawsuit for damages under state law

  2. Labor Board v. Laughlin

    301 U.S. 1 (1937)   Cited 1,504 times   2 Legal Analyses
    Holding that the National Labor Relations Act applied only to interstate commerce, and upholding its constitutionality on that basis

  3. Nat'l Labor Relations Bd. v. City Disposal Systems, Inc.

    465 U.S. 822 (1984)   Cited 206 times   9 Legal Analyses
    Holding that a "lone employee's invocation of a right grounded in his collective-bargaining agreement is . . . a concerted activity in a very real sense" because the employee is in effect reminding his employer of the power of the group that brought about the agreement and that could be reharnessed if the employer refuses to respect the employee's objection

  4. Eastex, Inc. v. Nat'l Labor Relations Bd.

    437 U.S. 556 (1978)   Cited 196 times   13 Legal Analyses
    Holding that a newsletter that "urg[ed] employees to write their legislators to oppose incorporation of the state 'right-to-work' statute into a revised state constitution," "criticiz[ed] a Presidential veto of an increase in the federal minimum wage and urg[ed] employees to register to vote" was protected concerted activity

  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. Sutherland v. Ernst & Young LLP

    726 F.3d 290 (2d Cir. 2013)   Cited 138 times   40 Legal Analyses
    Holding that class action waivers must be enforced absent a "contrary congressional command"

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

    309 U.S. 350 (1940)   Cited 318 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. 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

  9. Brady v. Nat'l. Football League

    644 F.3d 661 (8th Cir. 2011)   Cited 38 times
    Holding that "a lawsuit filed in good faith by a group of employees to achieve more favorable terms or conditions of employment is 'concerted activity' under 29 U.S.C. § 157"

  10. Colley v. Scherzinger Corp.

    Case No. 1:15-cv-720 (S.D. Ohio May. 25, 2016)   Cited 2 times
    Concluding that, Gaffers notwithstanding, "[t]he overwhelming weight of persuasive authority supports the Court's conclusion" that FLSA collective action waivers as part of arbitration agreements are valid and enforceable

  11. Section 201 - Short title

    29 U.S.C. § 201   Cited 21,565 times   104 Legal Analyses
    Setting fourteen as the minimum age for most non-agricultural work

  12. Section 1 - "Maritime transactions" and "commerce" defined; exceptions to operation of title

    9 U.S.C. § 1   Cited 12,306 times   211 Legal Analyses
    Defining the word "commerce" in the language of the Commerce Clause itself

  13. Section 2 - Validity, irrevocability, and enforcement of agreements to arbitrate

    9 U.S.C. § 2   Cited 11,367 times   121 Legal Analyses
    Granting federal jurisdiction where there is "a transaction involving [interstate] commerce"

  14. Section 151 - Findings and declaration of policy

    29 U.S.C. § 151   Cited 5,101 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"