From the BNA Daily Labor Report:
“Justice Department Switches Sides in High Court Arbitration Fight
The Trump administration today switched sides in a U.S. Supreme Court battle over employment agreements that restrict employees from participating in class and collective lawsuits.
The Justice Department is now rejecting the position of the National Labor Relations Board and several federal courts that enforcing arbitration agreements that shut off employees’ ability to join together in employment-related lawsuits violates their right to engage in “concerted” activity under federal labor law.
The new position is an about-face from September 2016, when the Obama administration’s Justice Department defended the NLRB’s position in a petition to the Supreme Court.
The case is Murphy Oil USA, Inc. v. NLRB, U.S., No. 16-307, brief filed 6/16/17.”