The NLRB previously issued a series of decisions that restricted the ability of an employer to include a class action waiver in a workplace arbitration procedure. In D.R. Horton, the Board held that an employer violated Section 8(a)(1) by maintaining a mandatory arbitration agreement which required the arbitration of disputes, but waived an employee’s right to file class or collective actions in any forum.1 The Board reasoned that such a clause restricted the right of employees to engage in protected concerted activity that affects their working conditions.​

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