SCOTUS to Decide if NLRB Class Action Waiver Ban is Enforceable.

The U.S. Supreme Court agreed to hear three cases related to the National Labor Relations Board (NLRB) decision in D.R. Horton in which the NLRB held that companies that require employees to sign class action waivers violate their rights to act collectively under Section 7 of the National Labor Relations Act (NLRA).

The three cases to be heard by the Supreme Court are Murphy OilEpic Systems, and Ernst & YoungMurphy Oil is a Fifth Circuit Court of Appeals decision in which that court concluded that the NLRB was wrong in holding that required employee class action waivers violated the NLRA. The Seventh Circuit in Epic Systems and the Ninth Circuit in Ernst & Young went the other way, upholding the NLRB’s position in D.R. Horton.

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