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About-Face: DOJ Reverses Position on Class Action Waivers
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- Written by Michael C. Saqui and Jason Yang
As we reported here and here, the Supreme Court is currently reviewing three consolidated cases in order to resolve a split among the circuit courts regarding the legality of class action waivers in employment contracts under the National Labor Relations Act (“NLRA”). Under the Obama Administration, the DOJ had defended the National Labor Relations Board’s position that class action waivers violated the NLRA. However, in a move widely expected following President Trump’s election win, the Department of Justice (“DOJ”) recently reversed its position, arguing in an amicus brief filed with the Supreme Court that class action waivers do not violate the NLRA and asking the Supreme Court to uphold the use of class action waivers.
Trump Nominates Marvin Kaplan to the National Labor Relations Board
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- Written by Michael Saqui and Jason Yang
President Donald Trump has nominated Republican lawyer, Marvin Kaplan, to the National Labor Relations Board (“NLRB”). Kaplan, whose past political roles included counsel for Republicans on the House Committee on Education and the Workforce, is currently counsel at the Occupational Safety and Health Review Commission.