Michael Sullivan, a Principal & Chair of the firm's Labor & Employment Group, is quoted in "NLRB: Employers May Create, Enforce Arbitration Agreements in Response to Collective Action," published in the Aug. 16, 2019, edition of HR Dive Brief.
The article concerns the National Labor Relation Board's move to vacate its previous ruling in Cordúa Restuarants, Inc. The new ruling allows that employers are not in violation of the National Labor Relations Act (NLRA) when they create mandatory arbitration agreements in response to employees opting into a collective action.
NLRB's decision shouldn't come as a shock to employers, says Michael Sullivan, "It may sound provocative to say that an employer has the right to force employees who seem to be interested in bringing a claim against their employer to sign an agreement waiving their rights to proceed collectively in court," he said, "but the Supreme Court ruled in Epic Systems v. Lewis that this was legal — and employers do it all the time."
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