In a hearing before a Ninth Circuit panel Jeffrey Bruitt, attorney for the NLRB, asserted that Uber cannot force employees to give up their right to participate in a class-action law suit against the company. Uber’s attorney Theodore Boutrous argued that the Ninth Circuit Court of Appeals had already upheld Uber’s 2013 and 2014 arbitration agreements. The ruling, however, only applied to one of the class actions brought against Uber. The Supreme Court is set to hear three similar cases on October 2nd, and Bruitt advised the Circuit Court to wait until a ruling has been made on those cases before moving forward with their decision. After 70 minutes of debate, the panel took the arguments under advisement.
See "Uber Class-Action Waivers Invalid, Labor Watchdog Tells 9th Circuit", Nicholas Iovino, Courthouse News Service, September 21, 2017