In late 2017 or early 2018, employers should anticipate clarity from the U.S. Supreme Court as to whether arbitration agreements requiring workers to waive their right to file class or collective actions violates the National Labor Relations Act (“NLRA”). Stemming from a series of rulings by the National Labor Relations Board (“NLRB”) that it is unlawful to condition employment on the waiver of the right to engage in class litigation, the U.S. Supreme Court is set to hear oral argument at the beginning of October.
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