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Can Employers Include Class/Collective Action Waivers in Arbitration Agreements? Supreme Court to Decide.
Monday, January 16, 2017

On Friday, the Supreme Court agreed to decide the issues of whether employers may include class/collective action waivers in their arbitration agreements.  As we discussed in more detail here, multiple federal appeals courts have split over the issue.  This has created a difficult situation for employers and employees, especially where the employer operates in multiple states.  By the time the Supreme Court takes up the issue in April, there may be a ninth justice on the bench.  We will continue to provide updates as new information becomes available, but in the meantime, we encourage you to read When an Arbitration Clause Sounds Permissive But is Not – Does “May” Really Mean “Must”?

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