3 Ways To Handle Class Waivers In Employment Agreements

Law360, New York (June 16, 2016, 11:36 AM EDT) -- Oh, how we long for the calm days of 2011, immediately following the U.S. Supreme Court's decision in AT&T Mobility LLC v. Concepcion,[1] when employers finally had a useful tool against costly and manifestly unfair wage and hour class actions. The idea back in 2011 was simple yet elegant: given that arbitration has long been considered a favored and fair venue to resolve employment disputes, and in light of the Supreme Court's decision in Concepcion allowing parties to an arbitration agreement to agree to waive the ability to pursue class/collective actions, why not adopt employment arbitration agreements that include class waivers? And that is what many employers did....

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