The U.S. Supreme Court May Review the Enforceability of Class Action Waivers

Employee Relations Law Journal Spring 2017

Evan J. Spelfogel, a Member of the Firm in the Employment, Labor & Workforce Management practice, in the firm’s New York office, authored an article in the Employee Relations Law Journal, titled “The U.S. Supreme Court May Review the Enforceability of Class Action Waivers.”

Following is an excerpt:

One of the most controversial issues in employment law these days involves the position of the National Labor Relations Board (NLRB) that an employer violates the National Labor Relations Act (NLRA) when it requires employees to pursue any dispute they have with their employer or an individual, rather than on a class or collective action, basis with other employees. It is a position that has been adopted by two circuit courts and rejected by three – a conflict that suggests that the issue is ripe for U.S. Supreme Court review.