NLRB Judge Nixes Domino's Class Waiver Despite Opt-Out

Michael Carrouth was quoted in an Law360 article entitled "NLRB Judge Nixes Domino's Class Waiver Despite Opt-Out."

A National Labor Relations Board judge found that Domino's Pizza LLC's arbitration agreement with its workers, which contains a class waiver, violates federal labor law under the board's D.R. Horton decision, even though the agreement permits workers to opt out within 30 days, according to the article.

Administrative Law Judge Mindy E. Landow ruled that the pizza chain's arbitration agreement could not stand under D.R. Horton, in which the board ruled that it is a violation for an employer to require as a condition of employment that its workers sign an agreement waiving its rights to bring a class or collective action in any forum.

“Domino's will be filing exceptions with the board, and assuming that this case continues like all those other cases, we are looking forward to the opportunity to appeal to the federal courts,” Michael said.