Published: January 13, 2017

Today, the U.S. Supreme Court agreed to hear three cases to resolve a split in the Circuits over whether class action waivers in employment arbitration agreements violate the National Labor Relations Act (NLRA). The National Labor Relations Board (NLRB) has repeatedly ruled that such waivers are illegal under federal labor law, as they interfere with employees’ right to engage in “concerted activity” under Section 7 of the NLRA, notwithstanding the Supreme Court’s repeated approval of such waivers outside of the labor context.

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