Another NLRB Judge Throws Out A Mandatory Employer Arbitration Agreement

For the third time in two weeks, a National Labor Relations Board administrative law judge has rejected an employer’s mandatory arbitration agreement as running afoul of the National Labor Relations Act. The ALJ ruled against an arbitration agreement, prohibiting  employees from pursuing class actions, that was  a condition of employment at Ross Stores Inc., a retailer. McKenna Long & Aldridge attorney Cary Burke looks at the case and, although he notes the issue is not definitively settled law, advises employer caution.