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High Court to Decide Fate of Class Action Waivers

10.18.17

In the article, "High court to decide fate of class action waivers," featured in Akron Legal News, Partner Richard Millisor provided commentary on the debate of whether class action and collective action waivers in which employers require workers to resolve employment-related disputes through individual arbitration and waive their right to do so through class and collective proceedings are enforceable.

Millisor said the high court will have to decide whether “the NLRA protects the right to pursue class actions and collective actions in state and federal courts and, if so, whether the policies underlying the FAA trump the NLRA.

“The Supreme Court has already ruled that arbitration agreements that contain class action waivers are enforceable in the commercial context,” said Millisor. “The question as to whether they are enforceable in the employment context is very important to employers, especially large and mid-sized companies.”

In addition to increased exposure, Millisor said class action lawsuits generally cost companies much more in legal fees and time spent defending against the actions than individually arbitrated disputes.

To read the full article, please visit Akron Legal News.

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