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, 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.