In a brief filed with the U.S. Supreme Court on June 16, the U.S. Department of Justice, now under Attorney General Jeff Sessions, changed its position and supports the employers in multiple cases that involve challenges to arbitration agreements that contain class or collective action waivers. The NLRB (still, for the time being, with a Democratic majority) has taken the position that class or collective action waivers in arbitration agreements unlawfully interfere with employees’ right to engage in “concerted activity” under the NLRA. As we have previously reported, the U.S. Courts of Appeal that have addressed the issue are split, with some agreeing with the NLRB and some rejecting the NLRB position. Not surprisingly, the DOJ under President Obama sided with the NLRB.