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Case: Labor Relations/Interference (N.L.R.B.)

June 3, 2020, 5:42 PM

A skilled nursing facility in California lawfully maintained an Employment Dispute Resolution program that broadly requires binding arbitration of employment-related disputes between the employer and any of its employees who are not covered by a labor contract. Although the program provides that the employer “may seek to enforce the EDR Program (including its class and collective action provisions) and seek dismissal of any lawsuit filed under the National Labor Relations Act,” it contains a savings clause that clearly states that employees do not waive their rights under the NLRA and that they retain the right to pursue employment disputes before...

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