Steven Swirsky, a Member of the Firm in the Labor and Employment and Health Care and Life Sciences practices, in the New York office, was quoted in an article titled “NLRB to Target Gym Chain Over Class Waivers in Worker Pacts,” written by Ben James. (Click to read the full version – subscription required.)
Following is an excerpt:
The National Labor Relations Board is poised to issue a complaint against a health club chain arguing that an arbitration agreement that barred class litigation ran afoul of labor law in spite of a clause saying workers could opt out, the NLRB’s acting general counsel said Friday.
Lafe Solomon, who appeared at an event at the Cornell University School of Industrial Labor Relations, said that the complaint, which stems from a predispute arbitration agreement that said workers could choose to opt out and still keep their jobs, was imminent ?…
“It’s not a surprise, but I think it’s arguably overreaching, and I think that it is part of the board’s continuing effort to broaden its role and bring the act into contexts where it has not been a part of things,” Epstein Becker & Green’s Steven Swirsky, who also spoke at the Cornell ILR event, said of the revelation that the complaint would be issued.