Arbitration Agreements and Class Action Waivers Post-Epic Systems

When business owners call my office looking for guidance because their accountant, fellow business owners, colleagues, or friends told them they should talk to an employment lawyer about their fears and concerns surrounding an employee issue, I ask a series of questions to get a better understanding of what is going on in the business.  One of the questions I ask is: Do you have an arbitration agreement?   9 out of 10 times there is a pause and a response that ranges from “can you tell me what that is” and “I’m not sure.” It’s understandable because unless you’re a doctor’s office, arbitration agreements aren’t part of your everyday life.  However, these businesses are missing out on a great tool that could be used in their favor if they value privacy, expediency, and cost-savings should a dispute arise with an employee.  Especially given the Supreme Court’s decision in Epic Systems Corp. v. Lewis.  Below is an article I wrote on the decision that was recently published in the Orange County Lawyer’s Magazine.  Although aimed at attorneys, it gives employers a better … Continue reading

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