The NLRB Takes the Position that Class Action Waivers in Arbitration Agreements — Even for Non-Union Employers — is an Unfair Labor Practice

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Arbitration Agreements Are Used With Increasing Frequency by Employers

Those running a business know the challenges, perils and pitfalls of attempting to comply with the complex expanse of state and federal laws protecting employees from employers, from large corporations to ma-and-pa shops. There is little to no recourse for the employer once he, she, or it has been dragged into a dispute and forced to go on the defensive. Against this hostile background, more and more employers have sought ways to address employee complaints in a fair forum, with less costs and uncertainty than traditionally afforded in many courts with the unknown specter of a jury trial. Arbitration agreements are an instrument of choice in employers’ attempts to reduce frivolous claims and provide a fair resolution for disputes with employees.

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