Earlier this month, the Supreme Court heard oral arguments regarding whether an employer can impose a class action waiver on an employee based on provisions in an employment or in a stand-alone arbitration agreement. Arbitration agreements typically provide that any dispute, including those dealing with pay claims, must be resolved by private arbitration as opposed to judicial litigation. Moreover, such agreements typically preclude employees from instituting or participating in class actions against their employer. Class action lawsuits arising out of employment claims have been very lucrative in the last five years, so the Supreme Court’s decision could have a dramatic effect on this type of employment litigation. Now that the Supreme Court has a 5-4 conservative majority, it is not unlikely that the justices will validate such class action waivers. We will have to wait to see how the case turns out over the next several months. To learn more about class action waivers and arbitration agreements, listen to this week’s Telebrief here.
Also in this week’s Telebrief: Harvey Weinstein fired from The Weinstein Company after sexual harassment allegations and ESPN anchor, Jemele Hill, suspended for violating social media guidelines.
Questions about arbitration agreements, class action waivers, or other topics from this week’s Telebrief?
About the Telebriefs®
The Telebriefs® are 30-minute, information-packed phone calls geared towards executives, HR directors, supervisors, managers, and business owners. Join Howard K. Kurman, as he discusses employment law developments occurring over the past two weeks that will most significantly impact employers nationwide. These twice-monthly phone calls are an easy way to stay current and compliant with the latest employment law developments that will significantly affect you and your company. The goal is to provide information and insights to help executives stay current with the latest workplace law developments and in front of trends, to enable proactive policy-making and management. Our guarantee: You will learn something useful, on every call!
ABOUT THE PRESENTER
Howard K. Kurman is an employment attorney. Mr. Kurman regularly counsels clients on all aspects of proactive employment/labor issues. He represents employers ranging in size from as small as 20 employees to those employers with geographically disparate locations consisting of over 4,000 employees. Mr. Kurman assures, through regular contact with his clients, that they promulgate and maintain the most effective employment policies that will, to the extent possible, minimize their legal exposure in today’s litigious workplace. Mr. Kurman offers advice on employee handbooks, employment agreements, and covenants not to compete as well as confidentiality and non-disclosure agreements. Previously, Mr. Kurman was the chair of the firm’s Labor & Employment Practice Group.
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