NLRB Says Arbitration Pact Sans Class Waiver Still Unlawful

Law360, New York (January 21, 2014, 6:44 PM EST) -- A National Labor Relations Board judge applied the controversial D.R. Horton decision in her ruling Friday that an arbitration agreement that did not expressly bar workers from bringing class or collective actions still violated federal labor law because it had the practical effect of doing so.

Administrative Law Judge Lisa Thompson sank Leslie's Poolmart Inc.'s challenge to the NLRB general counsel's complaint claiming the employer intended employees to give up their right to pursue class, collective or representative claims, even though the arbitration pact at issue...
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