Employers will not have to wait much longer for the U.S. Supreme Court’s decision regarding whether employment agreements which waive class-actions and mandate arbitration are enforceable, notwithstanding certain provisions of the National Labor Relations Act (NLRA). This decision will likely impact employers and employees across the country; some 25 million employees nationwide are estimated to have employment arbitration agreements with class- or collective-action waivers. This issue is particularly important in the wake of the #metoo and #paymetoo movements. Depending upon the Court’s decision, Employers may need to review and potentially amend their employment agreements to remove any unenforceable language. The Court heard oral argument on this issue on the first day of this term, and a decision will likely be published by June.
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