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In the Spirit of DR Horton, ALJ Extends Protections to Job Applicants

Building upon the previous prohibition in DR Horton (company arbitration agreement barring workers from bringing class actions was unlawful), an ALJ has now extended similar protections to job applicants.  In Convergys Corp., the ALJ found that the company violated the Act by forcing job applicants to waive their right to bring class and collective actions.  In the decision, the ALJ acknowledged the factual distinctions between this case and DR Horton, but however applied the same "cannot waive" principle set forth in DR Horton when he extended its protections to job applicants. 

The decision – which we anticipate will be appealed to the Board – can be found here.



About this Author

Adam Bartrom Employment Attorney

Adam Bartrom represents management interests in employment and labor law matters. He defends clients in litigation, and designs strategic plans and best practices in his work with business owners, executives and human resource management. Adam is dedicated to ensuring that his clients understand the rapidly changing employment environment, adhere to the law and protect themselves at every turn.

Adam’s experience includes comprehensive legal counsel in a wide variety of labor and employment areas under the NLRA, FMLA, ADA, ADEA and Title VII, including labor relations grievances and...