In recent years many employers have implemented mandatory arbitration agreements to require that legal disputes with employees be decided by a neutral arbitrator, rather than by jury trial. Arbitration agreements are coming under scrutiny as unfairly preventing employees from having their “day in court” and having access to jury trials – most recently with the
arbitration agreement
Class Action Waivers Are Enforceable Even Without an Arbitration Agreement, Says the Fifth Circuit
By Erin Kilgore & Scott Huffstetler on
Posted in Labor and Employment Law
On Monday, a Fifth Circuit majority held that a class-action and collective action waiver was enforceable, regardless of whether or not the waiver was part of an arbitration agreement. This is good news for employers in the Fifth Circuit who do not want to have mandatory arbitration agreements with employees, but do want to have…