NLRB Takes Aim at Class Waiver in 24 Hour Fitness’ Arbitration Policy
The NLRB filed a complaint today against 24 Hour Fitness, alleging the company's arbitration policy violates the NLRA. According to the NLRB, the action was prompted by a complaint lodged with the NLRB by a 24 Hour Fitness employee in California. 24 Hour Fitness' arbitration policy, like those of many companies, contains a class action waiver provision that effectively requires employment disputes to be resolved individually. As employers may recall, the NLRB recently issued a decision in a case called D.R. Horton, holding that class waiver provisions violate employees' section 7 rights to engage in concerted activity. D.R. Horton has been appealed and it was not clear how active the NLRB was going to be in enforcing its position declaring class waiver provisions unlawful. Well, the NLRB's complaint against 24 Hour Fitness may be a sign of more to come. Stay tuned.