Anita Hill on the importance of class actions to civil rights advancement.

I recommend this Times Op-Ed piece published today written by Anita Hill on the importance of class actions to the advancement of civil rights in problem sectors of our economy–such as Silicon Valley: .  The United States Supreme Court is expected to resolve during its next term whether the National Labor Relations Act prohibits class action waivers in arbitration agreements contained in employment agreements–a topic to be discussed on a panel I am moderating on October 27, 2017, in Washington, D.C., at the ABA National Institute on Class Actions

The NLRB has taken the position that such waivers are an unfair labor practice. The Fifth Circuit and several others disagree, whereas the Sixth, Seventh, Ninth, and Third Circuits have agreed.  On a related point, the Sixth Circuit and a district court in Michigan have held that class action waivers cannot be used to defeat a collective action brought under the Fair Labor Standards Act (governing overtime and other wage matters) under the text of that status (i.e., independent of the NLRA issue noted above). Class action waivers in the employment context are a hot topic!  Drew.