From Lexology, Christopher C. Murray offers a checklist for arbitration agreements in employment agreements. Here is part of Christopher’s list:
In adopting a class action waiver in an employment arbitration agreement, an employer may want to consider the following:
- How broad should the waiver be? Should it exclude
- class actions;
- collective actions;
- representative actions;
- group actions; and
- joint actions?
- Whether the arbitration agreement’s delegation clause, which defines the scope of the arbitrator’s authority, requires any modification with respect to class claims
- Whether the arbitration agreement should specify who will decide any disputes over the validity of the class action waiver and, if so, whether to outline the procedures to be followed in such a situation
- Whether the agreement should contain a court forum selection clause for any disputes addressing the enforceability of the class action waiver and, if so, what forum should be selected
- Whether the agreement should define what will happen if the class action waiver is held invalid for any claims and, if so, how these claims will be handled
- Whether the agreement should define how to handle an action that contains both claims that can be arbitrated and claims that can’t be arbitrated and, if so, how this situation will be handled
- Whether the arbitration agreement should include an opt-out provision, and if so, what the procedures will be for employees to opt out
- Whether the arbitration agreement should include any provisions requiring confidentiality with respect to the arbitration proceedings and, if so, what the scope of such confidentiality should be
Read the full story at An Epic Checklist: What to Consider When Adopting Class Action Waivers in Employment Arbitration Agreements – Lexology
