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Expert Analysis

The Rift Over Mandatory Class Action Waiver Enforceability

Law360, New York (September 5, 2016, 8:55 AM EDT) -- The ruling in Morris v. Ernst & Young LLP presents more conflicting news for employers in the ongoing saga of whether an employer violates the National Labor Relations Act by requiring that employees pursue any legal dispute against the company on an individual basis, rather than in a class or collective action with other employees. A deeply divided Ninth Circuit Court of Appeals panel recently joined the Seventh Circuit by ruling that the NLRA precludes employees from waiving their right to have disputes heard collectively, and that requiring employees to waive that right as a condition of employment is an unfair labor practice.[1]...

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