National Labor Relations Board General Counsel Peter Robb has expressed strong recommendations to give employees access to collect more damages after an arbitration or settlement. This is a stark departure from the otherwise pro-employer and red-tape cutting expectations of the Trump Administration. Currently, employers cannot use an arbitration agreement or settlement agreement to prevent an employee from filing a charge or complaint with an administrative agency, such as the NLRB or the EEOC.
In a brief responding to the recent U.S. Supreme Court case Epic Systems v. Lewis, the General Counsel concluded employers cannot limit an individual’s remedies before an agency. If the NLRB affirms a general counsel’s recommendation in Prime Healthcare Paradise Valley, LLC, it could impact arbitration, settlement, and similar agreements. The General Counsel has signaled a willingness to push his recommendations into practice in a way that the NLRB Regional Offices have not seen in years.
Matt Austin owns Austin Legal, LLC, a boutique law firm based in Ohio that limits its representation to employers dealing with labor, employment, and OSHA matters. You can reach Matt by calling him at (614) 843-3041 or emailing him at Matt@MattAustinLaborLaw.com.