Arbitration Pact Rulings Show Signature Snags For Employers

Law360 (June 30, 2020, 1:35 PM EDT) -- There is little debate that the legal landscape has tilted in favor of enforcing arbitration agreements in the employment context. Over the last few years, the U.S. Supreme Court has handed employers victories in a series of cases challenging the enforceability of arbitration agreements, including approving the use of class and collective action waivers.

Though the case law has become more favorable to employers seeking to implement arbitration programs, enforceability is not guaranteed in every case, and employers continue to face legal challenges on a range of substantive and procedural issues.

Though employers often prioritize and devote most of their time...

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