On Wednesday, August 14, the National Labor Relations Board (NLRB) ruled that an employer can add a class action waiver to an existing employment agreement containing a mandatory arbitration provision. While this result was not surprising in light of the Supreme Court’s 2018 decision in Epic Systems, the NLRB’s decision was significant because it ruled that an employer can make this change even when litigation is already pending, effectively preventing employees from opting in to an existing collective action. Continue reading >