The National Labor Relations Board (NLRB) reaffirmed its earlier decision in D.R. Horton, Inc., in which the board ruled that an arbitration agreement under which employees were required to waive the right to bring class or collective actions violated the National Labor Relations Act.
Ashley Brightwell, partner in the firm’s Labor & Employment Group, said the NLRB will stand firm on the decision until the Supreme Court decides the issue and that the High Court’s reading of the Federal Arbitration Act of 1925 (FAA) will likely upend the board’s position.
“[There’s] really a lot of case law out there interpreting the FAA, interpreting arbitration in a variety of contexts and allowing employers and employees to determine the scope of what their future litigation might look like,” she said.
Ashley Brightwell, partner in the firm’s Labor & Employment Group, said the NLRB will stand firm on the decision until the Supreme Court decides the issue and that the High Court’s reading of the Federal Arbitration Act of 1925 (FAA) will likely upend the board’s position.
“[There’s] really a lot of case law out there interpreting the FAA, interpreting arbitration in a variety of contexts and allowing employers and employees to determine the scope of what their future litigation might look like,” she said.