The current eight-member U.S. Supreme Court is not agreeing to hear many highly contested cases, including class actions, where a 4-4 disagreement might be expected. One enormously important class action issue, however, is likely to be considered soon: Can employers use mandatory arbitration clauses in employment contracts to ban workers’ collective and class actions?
That’s the basic question presented in four cases now up for review. All involve employees claiming they were cheated out of overtime pay. And all involve mandatory arbitration clauses that forbid employees from bringing collective or class actions.
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