My article discusses a recent NLRB decision, 24 Hour Fitness USA, Inc and Alton J. Sanders, where an NLRB Administrative Law Judge, William J. Schmidt found that 24 Hour Fitness maintained and enforced an unlawful arbitration policy that required employees to give up their federally protected right to take concerted action by including a class action waiver in its arbitration policy and by prohibiting employees from discussing their claims with co-workers. He relied heavily upon the NLRB's recent decision in D.R. Horton, which held that an arbitration policy containing a class action ban as a mandatory condition of employment violates employee's Section 7 rights, because it expressly restricts protected activity by requiring employee to "refrain from bringing collective or class claims in any forum."
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