§Why CasetextPricing

Green v. Flowers Foods Inc et al

RESPONSE in Opposition re MOTION to Dismiss or, in the Alternative, to Compel Individual Arbitration with Incorporated Memorandum of Law

14 Cited authorities

  1. Chevron U.S.A. v. Natural Res. Def. Council

    467 U.S. 837 (1984)   Cited 16,024 times   504 Legal Analyses
    Holding that courts "must give effect to the unambiguously expressed intent of Congress"

  2. Lawson v. FMR LLC

    571 U.S. 429 (2014)   Cited 139 times   50 Legal Analyses
    Holding that Sarbanes-Oxley protects employees of publically traded companies and private contractors of those public companies

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

    465 U.S. 822 (1984)   Cited 202 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 195 times   11 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. 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

  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 314 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. Morrison v. Amway

    517 F.3d 248 (5th Cir. 2008)   Cited 106 times
    Holding arbitration agreement was illusory where Amway unilaterally amended rules of conduct to require arbitration of claims arising prior to implementation of arbitration program

  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. Nat'l Labor Relations Bd. v. Alt. Entm't, Inc.

    858 F.3d 393 (6th Cir. 2017)   Cited 33 times   10 Legal Analyses
    Determining that "[m]andatory arbitration provisions that permit only individual arbitration of employment-related claims are illegal pursuant to the NLRA and unenforceable pursuant to the FAA's saving clause"

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

    9 U.S.C. § 2   Cited 10,898 times   117 Legal Analyses
    Granting federal jurisdiction where there is "a transaction involving [interstate] commerce"

  12. Section 158 - Unfair labor practices

    29 U.S.C. § 158   Cited 10,272 times   80 Legal Analyses
    Granting employees a wage increase without bargaining with Local 355

  13. Section 157 - Right of employees as to organization, collective bargaining, etc.

    29 U.S.C. § 157   Cited 3,279 times   97 Legal Analyses
    Granting employees the right to engage in or refrain from engaging in union activity