NLRB Judge Nixes Kmart Class Waiver Despite Opt-Out Clause

Law360, New York (November 21, 2013, 4:44 PM EST) -- A National Labor Relations Board judge ruled Tuesday that a provision giving employees 30 days to opt out of Kmart Corp.'s arbitration agreement, which contains a class waiver, does not save the policy from being considered unlawful under the board's D.R. Horton precedent.

In D.R. Horton, the labor board held that it is a violation of the National Labor Relations Act for an employer to require as a condition of employment that employees waive their right to bring class or collective actions in any forum. Administrative...
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