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On July 18, in Nelsen v. Legacy Partners Residential, Inc., a California district court became the latest court to reject the National Labor Relations Board’s (NLRB) position that the National Labor Relations Act (NLRA) prohibits waivers of an employee’s right to file joint, class or collective claims as a condition of employment. The NLRB first expressed this position earlier this year in D.R. Horton, Inc. v. Cuda. The NLRB determined that class waiver agreements constitute an unfair labor practice when the waiver applies to claims regarding wages, hours or other conditions of employment, because they prohibit employees from engaging in concerted activity protected by the NLRA. The NLRB also held that a violation of the NLRA exists regardless of whether the agreement prohibits such claims in arbitration or court.

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