NLRB Moves Quietly to Reverse Pro-Worker Arbitration Rule (2)

The National Labor Relations Board has been working to make it easier for employers to steer certain workplace claims into arbitration, a private dispute resolution forum that tends to favor businesses.

A decision by the NLRB that loosens the agency’s standards for deferring to arbitration would add to the significance of the U.S. Supreme Court’s 2018 decision in Epic Systems v. Lewis and related cases that have recently given businesses more power to require arbitration and prevent classwide actions.

Most employers already require their workers to go through arbitration to pursue any legal claims against their employers, rather than ...