Since the Supreme Court’s 2018 decision in Epic Systems v. Lewis, which deemed class action waivers in employment agreements permissible, employers have increasingly relied upon mandatory arbitration provisions to limit potential exposure to large damage awards in employment cases. This is especially true in the context of class and collective action cases. Last week, U.S. House Democrats reintroduced legislation that seeks to overrule Epic by prohibiting and invalidating employment agreements in which an employee promises not to join, litigate, or support any kind of joint, class, or collective claim relating to an employment dispute…
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