Considering Mandatory Arbitration Agreements With Class And Collective Action Waivers? Here’s A Primer

Recently, Wolters Kluwer Law & Business published our article “Guidance for Employers Considering Mandatory Arbitration Agreements with Class and Collective Action Waivers” in its Employee Relations Law Journal, Vol. 39, No. 3 Winter 2013. 

In the article, we discuss how the Supreme Court’s rulings in American Express Co. v. Italian Colors Restaurant, No. 12-133, 570 U.S. __ (June 20, 2013),and Oxford Health Plans LLC v. Sutter, No. 12-135, 569 U.S. ___ (June 10, 2013), have changed the legal landscape when it comes to arbitration agreements, and what employers should keep in mind when deciding whether to pursue arbitration as a general policy that includes a class or collective action waiver. Although the Supreme Court’s decisions in AmEx and Oxford Health did not address arbitration issues in an employment context, both cases shine light on arbitration issues facing employers.

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