Employment Class Waivers: Which Came First, FAA Or NLRA?

By Bonnie Burke, Lawrence & Bundy LLC and Christina Tellado, Reed Smith LLP (April 26, 2017, 10:40 AM EDT) -- Companies with employees across the country are faced with the problem of whether and how to effectuate employee arbitration agreements that are uniform within the company and yet enforceable nationwide. Class action waivers contained in employment arbitration agreements have faced a plethora of challenges from the plaintiffs bar and varying treatment by the courts across the United States. The most recent cause of the lack of clarity arises out of the interplay between the National Labor Relations Act and the Federal Arbitration Act (FAA). At present, there is a split in the U.S. Courts of Appeals that results from how the courts have examined the perceived conflict between these federal statutes....

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