The National Labor Relations Board has decided under the NLRA (National Labor Relations ACT) that Employers are not prohibited from informing employees that failing or refusing to sign a mandatory arbitration agreement will result in their discharge. The decision follows a Supreme Court ruling on Epic Systems v. Lewis. The National Labor Relations Board also mentions the following:

  • Employers are not prohibited under the NLRA from promulgating mandatory arbitration agreements in response to employees opting in to a collective action under the Fair Labor Standards Act or state wage-and-hour laws.
  • Employers are prohibited from taking adverse action against employees for engaging in concerted activity by filing a class or collective action, consistent with the Board’s long-standing precedent.

You can read more on the NLRB website here: