Its seems likes ages ago that I blogged about a Seventh Circuit decision, where the appellate court held that an employment-arbitration agreement with a class-action waiver violates the National Labor Relations Act.
Uh, Eric, it was Tuesday.
***stabs inner voice with a Q-Tip***
Well, guess what? Yesterday, in Cellular Sales of Missouri LLC v. NLRB (opinion here), the Eighth Circuit weighed in on employment-arbitration agreements with class-action waivers.
And, oh yes, score one for the good guys. Here’s the money shot:
Cellular Sales did not violate section 8(a)(1) by requiring its employees to enter into an arbitration agreement that included a waiver of class or collective actions in all forums to resolve employment-related disputes….Because the class-action waiver did not violate section 8(a)(1), Cellular Sales’s attempt to enforce the class-action waiver likewise did not violate section 8(a)(1).
So, the Eighth Circuit joins the Fifth Circuit on the side of truth, justice, and the American way. And the Seventh Circuit, well, I ain’t mad atcha. But, come on!
Everywhere else. It’s tough to say.