In a big legal victory for the labor movement, the Ninth Circuit Court of Appeals invalidated a pre-hire contract requiring “a concerted action waiver.”  Such waivers require employees to pursue any claim against their employer exclusively through individual arbitration and in separate proceedings.  The Court in Morris v. Ernst & Young, LLP, No. 13-16599, 2016 WL 4433080 (9th Cir. Aug. 22, 2016) held that such contracts contravene substantive federal rights under Section 7 and Section 8 of the NLRA to act together to pursue work-related claims.  The Court was careful to note that “the problem with the contract at issue is not that it requires arbitration; it is that the contract defeats a substantive federal right to pursue concerted work-related legal claims.”