NLRB Judge Rips 24 Hour's Class Waiver, But Law Still Murky

Law360, New York (November 7, 2012, 9:23 PM EST) -- Employer arbitration policies barring class actions suffered a setback Tuesday when a National Labor Relations Board judge deemed 24 Hour Fitness USA Inc.'s policy unlawful in spite of a clause saying workers could opt out, but attorneys say the law remains unsettled and the fight over employment class waivers is far from over.

Citing the NLRB's D.R. Horton decision, Administrative Law Judge William L. Schmidt ruled that both the class action ban and a nondisclosure restriction contained in the fitness chain's arbitration policy unlawfully limited employees...
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