Today the Ninth Circuit Court of Appeals issued its ruling in Morris v. Ernst & Young, dealing a surprising blow to the enforceability of class and collective action waivers in employment arbitration agreements. More specifically, the Ninth Circuit agreed with the view of the National Labor Relations Board (beginning with the NLRB’s D.R. Horton decision) that it is a violation of the National Labor Relations Act (NLRA) for an employer to condition employment on an employee signing an arbitration agreement that waives the employee’s ability to pursue claims on a class or collective basis and instead requires that all claims be resolved on an individual basis in arbitration.