Human Resource Executive Online reached out to Phil Wilson for comment on the NLRB’s Jan. 3rd twist to the Supreme Court’s AT&T Mobility vs. Concepcion ruling. In effect, the board ruling means that employers are at risk to rely on mandatory arbitration provisions in employee contracts that prohibit participation in class action suits against the company.
Wilson advises employers to make sure that any mandatory arbitration agreements do not limit such class grievances, and that employee handbooks and other company documents should be checked to make sure their language also complies.
“If you are to alter your agreement to allow class actions, is that OK? Well, that’s not clearly spelled out by the NLRB,” Wilson says. “But if you limit it, then you are violating the ruling.”