FAQs About Implementing Arbitration Agreements and Class Action Waivers

Bryan Benard by Bryan Benard In late May, the U.S. Supreme Court ruled that arbitration agreements between an employer and an employee to resolve employment disputes through one-on-one arbitration do not violate the National Labor Relations Act (NLRA). In a huge win for businesses, the Epic Systems Corp. v. Lewis decision means that employers may use arbitration agreements to prohibit employees from filing and joining class or collective action lawsuits in employment-related matters. In the weeks since SCOTUS’s decision, organizations have asked important and thoughtful questions on how to implement and use arbitration agreements and class action waivers with their employees. Although no guidance is “one-size-fits-all,” these FAQs may help answer common issues that come up. Why Should We Use an Arbitration Agreement?  By requiring that employees resolve employment disputes through arbitration instead of filing a lawsuit in court, employers may benefit…

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