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Later this year, employers can expect major decisions over (1) whether employee arbitration agreements containing class action waivers are enforcable under the National Labor Relations Act; (2) whether a company that does not exercise direct control over workers may be deemed a joint employer by the National Labor Relations Board; and (3) whether a union may carve out and seek to organize a subset "micro unit" of employees from a larget group, and if so, what the employer must prove to challenge the appropriateness of the unit.

This article was first published in Law360.

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