Ninth Circuit Invalidates Class Action Waivers Contained in Employment Arbitration Policies
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1 min read
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Tagged: Class Action Waiver, Employment Arbitration Agreements, FAA, NLRA, Protected Concerted Activity
Bill Hayden
Of Counsel
The Ninth Circuit, currently joined by two other federal courts of appeal, has adopted the longstanding position of the National Labor Relations Board (“NLRB”) that class action waivers commonly found in employment arbitration agreements violate the right to engage in protected concerted activity pursuant to the National Labor Relations Act (“NLRA”). Two other federal courts of appeal have reached the opposite conclusion, finding such class action waivers lawful and enforceable pursuant to the Federal Arbitration Act (“FAA”). The United States Supreme Court has agreed to resolve this important conflict in the law and is expected to do so in its next Term.
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