Publication
Workplace Word® – March 2012
The NLRB Takes the Position that Class Action Waivers in Arbitration Agreements — Even for Non-Union Employers — is an Unfair Labor Practice
by Christy Joseph and Kevin Jackson
Arbitration Agreements Are Used With Increasing Frequency by Employers
Those running a business know the challenges, perils and pitfalls of attempting to comply with the complex expanse of state and federal laws protecting employees from employers, from large corporations to ma-and-pa shops. There is little to no recourse for the employer once he, she, or it has been dragged into a dispute and forced to go on the defensive. Against this hostile background, more and more employers have sought ways to address employee complaints in a fair forum, with less costs and uncertainty than traditionally afforded in many courts with the unknown specter of a jury trial. Arbitration agreements are an instrument of choice in employers’ attempts to reduce frivolous claims and provide a fair resolution for disputes with employees….
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Founded in 1938, Snell & Wilmer is a full-service business law firm with more than 500 attorneys practicing in 17 locations throughout the United States and in Mexico, including Los Angeles, Orange County, Palo Alto and San Diego, California; Phoenix and Tucson, Arizona; Denver, Colorado; Washington, D.C.; Boise, Idaho; Las Vegas and Reno, Nevada; Albuquerque, New Mexico; Portland, Oregon; Dallas, Texas; Salt Lake City, Utah; Seattle, Washington; and Los Cabos, Mexico. The firm represents clients ranging from large, publicly traded corporations to small businesses, individuals and entrepreneurs. For more information, visit swlaw.com.
