THE NEW YORK LAW JOURNAL PUBLISHES ARTICLE BY DAVID S. FEATHER, ESQ. IN A LABOR & EMPLOYMENT SPECIAL REPORT

Posted on Nov 06, 2017 |News

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.

Click here to view David S. Feather's resume

Click her to view David Feather's NYLJ Labor and Employment Special Report

ABOUT NAM
Founded in 1992, NAM (National Arbitration and Mediation) has been recognized for its superb customer service and exceptional panel of arbitrators and mediators. For the second year in a row, NAM was named Best ADR firm in the United States by the 2017 National Law Journal Annual Reader Rankings Survey. Additionally, 6 of NAM's neutrals were named National Law Journal 2017 Alternative Dispute Resolution Champions, as part of a select group of only 37 nationwide. The company was also ranked a Best National ADR Provider by the 2017 Corporate Counsel Best of Survey. Consistent with being the nation's premier ADR provider, the New York Law Journal Annual Reader Rankings Survey selected NAM as the #1 ADR firm for the past seven years. NAM was also voted a “Best Overall ADR Provider” in the 2017 Best of The New Jersey Law Journal and Best of the Midwest annual surveys.

NAM actively works with more than 10,000 commercial entities, including more than 50% of the Fortune 100 companies. NAM offers litigants a nationwide panel of more than 2,500 top-tier former judges and practicing specialists uniquely qualified to facilitate the resolution of disputes in a private forum. The company maintains rosters in all 50 states, Puerto Rico and in major cities around the world, with specific expertise in the areas of Complex Commercial, Construction, Employment, Entertainment, Financial Services, International, Insurance, Medical Malpractice, Personal Injury (including 3rd party and 1st party actions), Professional Liability and Real Estate dispute resolution. NAM is often an indispensable resource for parties seeking cost-effective alternatives to expensive and often time-consuming litigation.

NAM provides complimentary Continuing Legal Education (CLE) programs for attorneys, bar associations, corporate and government legal departments and other legal and business organizations.