DOJ Reverses Policy to Support Class Action Waivers in Arbitration Agreements, But It’s Still Complicated

State of Confusion The enforceability of class action waivers in employment arbitration agreements is a hotly debated topic that has created not only a circuit split, but an ongoing divide in policy between circuit courts and federal agencies.  The National Labor Relations Board has long held that such class action waivers are unenforceable, arguing such […]

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Where Is My Class Action Waiver Enforceable?

The viability of class and collective action waivers in private arbitration agreements continues to be a hot topic before courts, and until the Supreme Court takes up the issue one last time, your business will have some uncertainty concerning whether these provisions are enforceable. For most employers, the main reason to require employees to arbitrate […]

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