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Convergys Corp. v. National Labor Relations Board

5th CircuitAugust 7, 2017No. 15-60860Cited 10 times
Defendant WinConvergys Corp.
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Case Details

Judge(s)
Higginbotham, Elrod, Higginson
Status — whether other courts must follow this ruling
Published
Procedural Posture — the stage the case had reached
appeal

Related Laws

No specific laws identified for this ruling.

Outcome

The Fifth Circuit granted Convergys's petition for review and denied the NLRB's cross-application for enforcement, holding that Section 7 of the NLRA does not guarantee a substantive right to participate in class or collective actions, and therefore class action waivers in employment agreements are enforceable.

What This Ruling Means

**Convergys Corp. v. National Labor Relations Board: Court Ruling Explained** This case involved a dispute over whether employers can require workers to sign agreements that prevent them from joining together in class-action lawsuits against their employer. Convergys Corporation, a customer service company, had such agreements with its employees. The National Labor Relations Board (NLRB) argued these agreements violated workers' rights under federal labor law to engage in "concerted activity" with coworkers. The Fifth Circuit Court of Appeals sided with Convergys in August 2017. The court ruled that the National Labor Relations Act does not give workers a guaranteed right to participate in class-action lawsuits together. Therefore, employers can legally require employees to sign agreements waiving their right to join class actions and instead handle workplace disputes through individual arbitration. This decision significantly impacts workers' ability to challenge workplace violations collectively. When employees face issues like wage theft or discrimination, class-action lawsuits allow them to pool resources and share legal costs, making it more feasible to fight large employers. With enforceable class-action waivers, workers may find it harder and more expensive to pursue legal remedies for workplace problems, as they must handle disputes individually rather than banding together.

This summary was generated to explain the ruling in plain English and is not legal advice.

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