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Waiver of Right to Bring Class or Collective Actions May Violate Federal Labor Law

By Scott T. Silverman on February 2, 2012
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The National Labor Relations Board has ruled that it is a violation of federal labor law to require employees to sign arbitration agreements that prevent them from joining together to pursue employment-related legal claims in any forum, whether in arbitration or in court.

The case examined an agreement under which employees waived their right to a judicial forum and agreed to bring all claims to an arbitrator on an individual basis. The agreement prohibited the arbitrator from consolidating claims, fashioning a class or collective action, or awarding relief to a group or class of employees

The Board found that the agreement unlawfully barred employees from engaging in “concerted activity” protected by the National Labor Relations Act. The Board emphasized that the ruling does not require class arbitration as long as the agreement leaves open a judicial forum for group claims.

Employers may not prohibit class or collective actions in a judicial forum, but may require that arbitrations proceed only 0n an individual basis. Employers that use the kind of class action waivers that the NLRB found unacceptable should consider revising or withdrawing them.

Photo of Scott T. Silverman Scott T. Silverman

Adept at navigating complex labor and employment matters, Scott Silverman is noted by Chambers USA for being “expeditious” and “excellent at providing all points of view.” His range of experience includes representation of employers in administrative proceedings, federal and state court litigation, and…

Adept at navigating complex labor and employment matters, Scott Silverman is noted by Chambers USA for being “expeditious” and “excellent at providing all points of view.” His range of experience includes representation of employers in administrative proceedings, federal and state court litigation, and arbitrations. Although he has worked on a variety of labor and employment issues throughout his career, Scott’s practice has emphasized labor management relations, employment discrimination, non-compete/trade secret, wage and hour, and retaliation claims. Complementing his litigation practice, he advises employers on day-to-day matters, and drafts manuals and contracts for his clients.a

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  • Posted in:
    Class Action & Mass Torts, Employment & Labor
  • Blog:
    HR Defense
  • Organization:
    Akerman LLP
  • Article: View Original Source

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