NAARB - Serving the U.S. and Canada Since 1947

Home » Archive

A common provision in standard form employment and consumer arbitration agreements restricts the claimant to bringing an individual action only. The case law governing the enforceability of class action waivers in arbitration agreements is in a state of confusion, with no clear resolution in sight. Professor Malin surveys the landscape.

Read more

A brief history of the arbitration of statutory claims arising under an employment relationship – employment arbitration – is given as background to the question: Is it socially desirable to permit employers to impose mandatory arbitration in disputes involving public rights? The logistical advantages of arbitration are described, as is the potential disadvantage of a …

Read more

A critical appraisal of the handling of representational issues under the NLRA and its negative impact on private sector union membership. The alternative of increased employment regulation is rejected and reforms within the current statutory and regulatory framework are recommended. Use of federalism and drawing from the Canadian experience is also recommended. [see also 1985, …

Read more

Federal minimum wage determination in Puerto Rico

The Fair Labor Standards Act of 1938 was originally applicable to Puerto Rico but, because minimum wage rates discouraged hiring on the island, the law was changed in 1940 to permit setting of lower wage standards, determined by industry wage committees. The benefits and shortcomings of these tripartite committees are described. The system was substantially …

Read more

Consensus holds that arbitrators may rely upon federal law as an aide in contract interpretation, and may rest a decision on federal law when expressly contractually authorized to do so. Less certain is when, if ever, an arbitrator should follow federal law rather than the labor agreement. Sovern asserts that an arbitrator may follow federal …

Read more

Tripartite wage determination in Puerto Rico

A review of industry committees established to recommend minimum wages under the Fair Labor Standards Act (FLSA). The review includes a discussion of time constraints; barriers to participation by affected employers; the value of plant visits; the impact of non-labor costs on profitability vis-?-vis mainland competitors; changes in the relative share of net income from …

Read more