It was only a few weeks ago that this blog covered the reversal of the CMS regulation on arbitration in nursing homes. Now, the Trump Administration has altered course on two other issues of arbitration policy.
First, the Department of Education has “delayed until further notice” its ban on pre-dispute arbitration agreements. That regulation was final in November of 2016. The notice cites litigation regarding the rule as the primary reason for the indefinite delay.
Second, the Solicitor General announced it would switch sides in the big SCOTUS showdown over class action waivers in employment agreements. The administration had previously supported the NLRB, but now will oppose it.
These two actions probably do not bode well for CFPB’s ability to finalize its proposed rule banning pre-dispute regulation and have the rule remain in force…