War Of The Employment Class Waivers: 6th Circ. Weighs In

By Jeffrey Ranen and William Sung (July 18, 2017, 11:52 AM EDT) -- For most wage and hour practitioners, the enforceability of class action waivers in arbitration agreements is arguably one of the most significant wage and hour issues of this decade. The existence of an arbitration agreement with a class action waiver could spell the end of the class action before it even began. For years the enforceability of class action waivers has been litigated in numerous states and jurisdictions, with the latest national dispute centering over what is commonly known as the Horton rule.

In January 2012, the National Labor Relations Board in In re D.R. Horton Inc. 357 NLRB No. 184...

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