Serial Arbitration Threat Complicates Employer Class Defense

By Tina Tellado and Deisy Castro (March 19, 2020, 1:04 PM EDT) -- When faced with the threat of a class or collective action, most employers are often quick to move to enforce arbitration agreements in order to compel individuals to arbitrate their claims on an individual basis. 

But the increased enforcement of arbitration agreements and class action waivers has resulted in a new challenge to employers who succeed in eliminating the threat of a class action by compelling claims to arbitration. 

In arbitration, employers are being faced with the reality of having to navigate defending against a large volume of individual arbitration demands at once. With the potential risk of serial arbitrations on...

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