The United States Supreme Court recently ruled, contrary to the National Labor Relations Board position, that the National Labor Relations Act (NLRA) does not prohibit class action waivers in arbitration agreements. The Supreme Court found in a 5-4 decision that the NLRA does override the Federal Arbitration Act’s instruction that arbitration agreements are to be enforced according to their terms. The court did leave open state law procedural and substantive challenges based upon fraud, duress and other common law challenges to whether a contract was formed. In Texas, courts routinely uphold arbitration agreements where the employer pays the costs of the arbitration and where there are procedures in place which allow for the employee to have some meaningful discovery and a meaningful hearing before an arbitrator. In fact, Texas courts have held that merely notifying the employee that there is an arbitration policy that will apply to any disputes with the employer and the employee’s decision to continue working is sufficient to constitute an agreement that the employee’s claims will be arbitrated.