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Analysis

Backlash Has Some Employers Rethinking Forced Arbitration

Law360 (March 1, 2019, 8:18 PM EST) -- The U.S. Supreme Court's blockbuster Epic Systems decision gave businesses a green light to make employees sign away their right to bring class actions, but new legislation aimed at giving workers their day in court underscores a backlash against mandatory arbitration that’s causing employers to think twice, experts say.

Many employers rushed to adopt arbitration agreements last year following the high court’s proclamation, in Epic Systems Corp. v. Lewis, that companies can make workers bring solo arbitration claims rather than class or collective employment suits without violating the National Labor Relations Act.

But worker pushback is giving some employers pause, and...

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