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8th Circuit splits on NLRB authority on arbitration agreements banning class-actions

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in Employment Law,Human Resources

The National Labor Relations Board, which enforces the National Labor Relations Act (NLRA), has become very activist in recent years.

The board, in the name of protecting the right of workers to band together against their employers, has come out with a series of pronouncements directed at employers. And the NLRB has begun to litigate cases based on these interpretations.

For example, the NLRB general counsel—the attorney who heads up the NLRB’s legal staff—last year issued strict new rules on employee handbooks that banned many commonplace employer rules.

The NLRB has come out strongly against employer-mandated arbitration agreements that ban class-action lawsuits. The argument is that by not allowing employees to use the power of the group to lobby or litigate for greater workplace rights and better working conditions, employers violate employees’ rights under the NLRA to engage in so-called collective or concerted action ...(register to read more)

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