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NLRB Strikes Down Arbitration Agreement Containing Class Action Waiver |
January 25, 2012
Previously published on January 23, 2012
A recent decision from the National Labor Relations Board (the “NLRB”) will likely make it more difficult for employers to obtain and enforce class action waivers in arbitration agreements. The NLRB’s decision in D.H. Horton, Inc. invalidated an arbitration agreement that prevented employees from filing claims with the NLRB or pursuing collective or class action claims in either arbitration or court. In the short term, the NLRB’s decision may provide employee-side attorneys with additional ammunition to prevent arbitration agreements from being enforced. Employers with arbitration agreements should carefully evaluate this decision, and other recent legal developments, to determine whether their agreements remain enforceable.
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The views expressed in this document are solely the views of the author and not Martindale-Hubbell. This document is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance. |
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