Shifting Arbitration Pact After Being Sued Is Legal, NLRB Says

Law360 (August 14, 2019, 4:54 PM EDT) -- The National Labor Relations Board ruled Wednesday that employers can change mandatory arbitration agreements to bar workers from opting into class actions in response to being sued and threaten to fire those who won't sign them, in a split ruling tackling questions left open by the U.S. Supreme Court's landmark Epic Systems decision.

The NLRB has issued its first substantive decision on class waivers and arbitration agreements since the U.S. Supreme Court's 2018 Epic Systems ruling. (AP)

The four-member board, over the partial dissent of member Lauren McFerran, reached those conclusions in a case accusing Cordua Restaurants Inc. of violating the...

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