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. We filed an amicus on June 16, 2017, in these consolidated cases dealing with class action waivers used by some of our members arguing that the NLRB’s interpretation is incorrect.
Oral argument in the Supreme Court took place on October 2, 2017. On May 21, 2018, the Supreme Court upheld the enforceability of mandatory class action waivers in employment agreements. Case is now closed.