Class Waivers in Arbitration Agreements: Should Your Company Have One?

In a long-awaited decision with significant implications for employers, a sharply divided United States Supreme Court held in May that employers may require employees to enter into arbitration agreements that waive the ability to participate in a class or collective action. The decision reversed the 7th, 9th and 6th Circuit, and rejects the National Labor Relations’ Board’s D.R. Horton theory that such agreements were prohibited under the National Labor Relations Act.

Now, it is incumbent upon employers to consider carefully whether rolling out new mandatory arbitration agreements with class and collective action waivers makes sense for their workforce, and if so, which provisions should their agreements include, and how should they go about introducing their workforce to their new arbitration agreements.
 
Please join us for an interactive discussion about class action waivers (including the Epic Systems Supreme Court decision and subsequent developments) and arbitration drafting tips, followed by a networking reception.

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If you have any questions, please contact Erin Albert at ealbert@seyfarth.com and reference this event.