We’ve been monitoring the appellate battles over the enforceability of class- and collective-action waivers in the employment context since September 2016, when we pondered whether circuit splits would land the issue in the Supreme Court. Since then, our colleagues in the Labor and Employment practice at McGuireWoods have supplied interim reports on the Supreme
Do Good Things Come in Threes? Supreme Court Grants Cert in Three Collective Action Waiver Cases
By The Editors on
Posted in Class Action
As recently reported by our colleague Brennan Bolt in one of our sister blogs, Labor Relations Today, the Supreme Court has answered a question I posed a few months ago by granting cert in not one, not two, but three cases involving the enforceability of class/collective action waivers in employment agreements. These…
Will Collective Arbitration Waivers Land in the Supreme Court Again?
By The Editors on
Posted in Class Action
The long-running battle over collective action waivers in the arbitration clauses of employment agreements continues to rage in the Courts of Appeals. Two recent decisions (and the cert petitions filed in their wake) may well lead the Supreme Court to consider once again the thorny relationship between the class/collective action mechanism and federal arbitration law.…