A class action waiver is conceptually distinct from an arbitration agreement, though the two are often found together. FINRA Rule 13204 forbids class action FINRA arbitrations. Subsection (a)(4) also forbids an employer from enforcing an arbitration agreement against an employee who is a member of a certified class in a court action, at least with respect to the claims asserted in the class action. However, the FINRA rule does not forbid the employer from enforcing the class action waiver and then enforcing the employee’s agreement to arbitrate his individual claims.