Last year, I talked a lot about a U.S. Supreme Court case that seemed to open the door for employers to use mandatory arbitration agreements that precluded employees from using class actions to sue their employers.
But I noted at the time that this was a quickly shifting landscape.
A few days ago, the NLRB issued a decision that puts this issue in the “up for grabs” category. In D.R. Horton, Inc., concluded that these type of agreements “unlawfully restrict[] employees’ Section 7 right to engage in concerted action for mutual aid or protection.” It concluded that the employer “violated Section 8(a)(1) by requiring employees to waive their right to collectively pursue employment-related claims in all forums, arbitral and judicial.”
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