By: Sheila Raftery Wiggins
The NLRB ruled that the mandatory arbitration agreement – which a Wendy’s franchisee asks its employees to sign – contains illegal waivers of class and collective rights. The NLRB’s decision conflicts with a federal appellate court ruling in 2013 in a case known as D.R. Horton. Expect more cases – in the NLRB and the court system – to resolve this dispute. LESSON: Check your employment agreements and the arbitration clauses.