Compliance

Class Action Waivers in Arbitration may not be enforceable.

In DR Horton, the NLRB held that class-action waivers violate employees’ rights to engage in concerted activities under Section 7 of the NLRA. D.R. Horton, Inc., 357 NLRB No. 184 (2012).  The NLRB has consistently held that waivers of class or collective action  in arbitration agreements between companies and their workers are illegal. Therefore, many employer’s arbitration agreement that prohibits class or collective action overtime and minimum wage lawsuits illegal.

It is illegal to interfere with an employee’s use of retirement or health plan

Section 510 of the Employee Retirement Income Security Act (ERISA) prohibits employers from retaliating or discriminating against participants in employee benefit plans for exercising rights they are entitled to under the plans. It also prohibits employers from discharging or discriminating…