There is a substantial split in the circuits on the validity of class action waivers. On Friday, January 13, 2017, the U.S. Supreme Court agreed to consider whether the NLRB is correct in its interpretation that arbitration agreements are illegal under federal labor law if they contain class action waivers. The Court did so by consolidating these three cases.
June 16, 2017
The Restaurant Law Center and it co-amici filed a brief in the consolidated cases dealing with class action waivers used by some of our members, arguing that the NLRB’s interpretation is incorrect.
May 21, 2018
The Supreme Court upheld the enforceability of mandatory class action waivers in employment agreements.