Butler Snow Workplace - Volume 2012, No. 1


In this issue: NLRB Invalidates Non-Union Class Action Waivers in Arbitration Agreements; Today's Work Environment Suggests Employers Should Examine Their Non-Competition Agreements to Ensure Clarity; FMLA May Protect Pre-Eligibility Requests For Post-Eligibility Leave; and Fifth Circuit Invalidates Arbitration Clause in At-Will Handbook.

Excerpt from 'NLRB Invalidates':

The National Labor Relations Board’s January 3, 2012 ruling in D.R. Horton, Inc., 357 NLRB No. 184 (2012) invalidates all non-union employees’ class action waivers contained in arbitration agreements. NLRB Chairman Mark Gaston Pierce and now-former Member (and former union attorney) Craig Becker held that class action waivers in a non-union employer’s mandatory arbitration procedure violate Section8(a)(1) of the National Labor Relations Act because they unlawfully restrict employees’ right to engage in concerted action for mutual aid and protection, as provided by Section 7 of the Act (“Section 7 rights”).

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