It’s NLRB vs. the Courts on Class Action Waivers: Navigating the Unbridgeable Disparity


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The National Labor Relations Board (NLRB) is in standoff with a number federal courts over the legality of arbitration agreements that require employees to waive their right to be involved in class or collective actions. The NLRB has been issuing cases reaffirming its theory that such requirement violates the National Labor Relations Act (NLRA). Moreover, NLRB has continued promoting its theory despite losing twice at the Fifth Circuit Court of Appeals. The Supreme Court has also been asked to settle conflicting conclusions drawn by the NLRB and several circuit courts on this issue.

Employers should carefully assess the inclusion of class or collective action waivers in their arbitration agreements and keep themselves abreast with the developments in order to prevent any legal challenges. 

In this LIVE Webcast, a panel of distinguished professionals and thought leaders assembled by The Knowledge Group will help employers understand the fundamental aspects of this significant topic. They will provide an in-depth discussion of the disparity between the courts and the NLRB. Speakers will also offer best practices in developing and implementing arbitration agreements.

Key topics include:

  • Arbitration Agreements and the National Labor Relations Act
  • Notable Cases
  • The Unbridgeable Disparity
  • Collective Action Waivers in Arbitration Agreements
  • What Employers Should Do
  • Best Compliance Practices
  • Regulatory Forecast