Earlier this month, the NLRB ruled that employers may not require employees to consent to the waiver of class rights as part of an employment arbitration agreement. The NLRB’s rationale was that the Fair Labor Standards Act and the Norris-LaGuardia Act guarantee employees the right to enforce their provisions through collective action. Now, in Sutherland … Continue reading SDNY Invalidates Class Waiver for FLSA Claim
Jean Sternlight’s post on the NLRB’s decision in D.R. Horton, Inc. and Michael Cuda cogently summarizes the NLRB’s rationale for treating class waivers differently in the employment context governed by the NLRA than in other FAA contexts. As she points out, this decision is controversial. Because it runs counter to a steady current of Supreme Court … Continue reading How Will Courts Review the NLRB Employment Class Action Decision?