“In In re D.R. Horton, 357 NLRB No. 184 (Jan. 3, 2012), the National Labor Relations Board ruled that mandatory class waivers violate an employee’s right to engage in concerted protected activity under the National Labor Relations Act. Although D.R. Horton was ultimately overturned by the U.S. Circuit Court of Appeals for the Fifth Circuit, the NLRB maintains its stance that class action waivers violate the NLRA, and continues to rule that an employer who uses such waivers has committed an unfair labor practice.”

Source: Michael Weber. “Mandatory Arbitration Agreements: To Be or Not to Be.” The National Law Jorunal. January 11, 2017. 

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