loader
Page is loading...
generic_insight_detail

It Looks Like the Supreme Court will Disapprove of the NLRB’s Continued Attack On Class Action Waivers…But When Will We Know For Sure?


Earlier this month in DIRECTV, Inc. v. Imburgia, the U.S. Supreme Court cited its own precedent and concluded that courts must enforce waiver provisions in arbitration agreements that prohibit the formation of class actions – even if “the law of your state” otherwise dictates that these provisions should be invalidated. This ruling is consistent with many other decisions by the court in recent years holding that “class action waivers” are lawful. While many of these decisions have come in the “consumer agreement context” rather than the “employment agreement context,” that would seem to have little impact on how the court will ultimately rule on the issue. Despite the Supreme Court’s continued upholding of class action waivers, the NLRB continues to invalidate them when they are contained in employer arbitration programs (the blog has cited various examples of this occurring throughout the year). This issue appears ripe for Supreme Court review, as the NLRB is bucking a trend by federal courts to enforce these types of provisions. With the board’s continued attack on these provisions, there should be ample opportunity for the issue to come before the Supreme Court in the relatively near future. Here’s hoping 2016 will be the year when we find out if this is yet another overreach by the NLRB.


LEAVE YOUR COMMENT

RELATED ARTICLES

NLRB Gives Employers Win Against Non-Employee Union Organizers

June 17, 2019 | Labor Relations, National Labor Relations Board

Cough it Up! Company Forced to Give Union Complete Copy Of Third-Party Agreement

June 11, 2019 | Labor Relations, National Labor Relations Board

Thin Skin? Discharge of Employee for Criticizing Executive’s Salary Was Unlawful

May 31, 2019 | Labor Relations, National Labor Relations Board

Changes Coming: NLRB Considers Rulemaking on Ambush Elections and More

May 24, 2019 | Labor Relations, National Labor Relations Board

Subscribe

Do you want to receive more valuable insights directly in your inbox? Visit our subscription center and let us know what you're interested in learning more about.

View Subscription Center
Trending Connect
We use cookies on this site to enhance your user experience. By clicking any link on this page you are giving your consent for us to use cookies.