Serial Arbitration Threat Complicates Employer Class Defense

Labor, Employment and Benefits Attorneys Tina Tellado and Deisy Castro co-authored an article in Law360 discussing the complicated nature of arbitration agreements. Increased enforcement of arbitration agreements and class action waivers has resulted in a new challenge to employers who succeed in eliminating the threat of a class action by compelling claims to arbitration. In arbitration, employers are being faced with the reality of having to navigate defending against a large volume of individual arbitration demands at once. With the potential risk of serial arbitrations on the rise, it is important for employers to remember the proverb: Be careful what you wish for, you may just get it.

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