November 6, 2017
NAM (National Arbitration and Mediation) is proud to announce that an article written by David S. Feather, Esq. entitled, The Future of Class Action Waivers in Employment Arbitration Agreements, has been selected by the New York Law Journal as part of its Labor and Employment Special Report and will be published on Monday, November 6, 2017.
The article addresses whether it is lawful for employers to include class/collective action waivers in arbitration agreements with their employees and explores the various opinions regarding this issue. Opposing points of view stem from two statutes – one from the Federal Arbitration Act (FAA) and the other from the National Labor Relations Act (NLRA). The FAA states that arbitration agreements are “valid, irrevocable, and enforceable” while the NLRA “guarantees employees the right to engage in concerted activities for the purpose of mutual aid or protection.” Another key issue is whether arbitration clauses run afoul of the “effective vindication” exception to the FAA due to the high cost of arbitration. On October 2, 2017, The Supreme Court heard oral arguments on three cases addressing these issues. Mr. Feather states, “in deciding the three consolidated cases before them, the Justices will have to resolve the inherent tension between the FAA’s liberal policy on arbitration and the NLRA’s protection of collective activity. Whatever its final holding(s), the Court’s decision will provide much-needed clarity for management-side employment and labor law attorneys regarding this issue.” A decision by the Circuit Court is expected late Spring, 2018 at the earliest.
David S. Feather, Esq. has dedicated his career to the practice of labor and employment law. He has represented both employees and employers/management in the State and Federal Courts, and regularly appears before the Equal Employment Opportunity Commission, the New York State Division of Human Rights and the Nassau County Commission on Human Rights. He has represented unions and union members in grievances and arbitrations pursuant to collective bargaining agreements, and has negotiated, drafted, litigated and mediated employment contracts, severance agreements and non-compete agreements on behalf of both employers and employees. Mr. Feather is principal of Feather Law Firm, P.C.
David S. Feather, Esq. is available to arbitrate and mediate labor and employment law cases throughout the New York Metro area.
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