DOJ Reverses Policy to Support Class Action Waivers in Arbitration Agreements, But It’s Still Complicated

State of Confusion The enforceability of class action waivers in employment arbitration agreements is a hotly debated topic that has created not only a circuit split, but an ongoing divide in policy between circuit courts and federal agencies.  The National Labor Relations Board has long held that such class action waivers are unenforceable, arguing such […]

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NLRB Contradicts Federal Court, Orders Hilton Hotels to Abandon Its Arbitration Agreement

To the United States Supreme Court, there is no question. Courts must enforce arbitration agreements according to their terms. Thus, an employee who agrees to arbitrate all claims individually cannot later file a class action lawsuit against his employer. See AT&T Mobility, LLC v. Conception, 563 U.S. 321 (2011). The National Labor Relations Board (“NLRB”) […]

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