It has been an ongoing legal battle between employers and employees over the enforceability of arbitration agreements and class action waivers in employment agreements. However, the battle may be over. In O’Connor v. Uber Technologies, Inc. the United States Ninth Circuit Court of Appeals held the United States Supreme Court decision in Epic Systems Corp. v. Lewis required it to find that Uber’s arbitration agreement, which included a waiver of the employee’s right to participate in class and collective action litigation, was enforceable.
The O’Connor decision is a warning to employers to make sure they include class and collective action waivers in their employment arbitration agreements. The lack of such waivers could expose an employer to expensive and perhaps devastating class and collective actions. Contact your attorney immediately as without such waivers you and your business may be at great legal risk.
The information presented is not intended to be, and does not constitute, “legal advice.” Because each situation varies, and only brief summary information is provided here, you should not use this information as a basis for action unless you have independently verified with your own counsel that it applies to your particular situation.
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