NLRB Finds Employers Can Modify Arbitration Agreements After Suit to Prohibit Participation in Collective Actions
On August 14, 2019, the National Labor Relations Board ruled that employers can revise mandatory arbitration agreements to prohibit employees from joining class and collective actions even after a suit has been filed. The NLRB further held that employers may condition continued employment on the execution of the amended agreement and threaten to terminate those who refuse. Neither action was found to violate Section 8(a)(1) of the National Labor Relations Act, which prohibits employers from interfering with employees’ union-related activities under Section 7 of the Act.
In the case at bar, a group of employees filed a […]