NLRB Ruling Clarifies Class Waivers For Employers

Law360 (August 26, 2019, 12:05 PM EDT) -- Employers wishing to implement class waivers in response to class claims and threaten employees with discharge if they refuse to sign them just got some very good news from the National Labor Relations Board in its Cordua Restaurants Inc.[1] decision.

By way of background, in Epic Systems Corp. v. Lewis[2] five U.S. Supreme Court justices, including now retired Justice Anthony Kennedy, held that Section 7 of the National Labor Relations Act does not preclude an employer from enforcing an arbitration agreement it has with its employees requiring them to individually arbitrate federal and state wage-and-hour claims and to not litigate or...

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