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Employment Law- Class & Collective Action Waiver Does Not Violate NLRA

On August 7, 2017 the federal 5TH Circuit Court of Appeals again decided a case holding that requiring job applicants to sign a class and collective action waiver and subsequently enforcing that waiver does not violate §8(a)(1) of the NLRA. In this case, unlike the D.R. Horton and Murphy Oil cases the context did not involve an arbitration agreement. The non-unanimous opinion was issued in Convergys Corporation v. NLRB. Until a decision is reached by the U.S. Supreme Court there remains a split in the Circuits about this issue so caution should be exercised by attorneys and employers in relying on the opinion.

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