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Employment Arbitration Programs

By Alan D. Berkowitz, J. Ian Downes and Jennifer L. Burdick

The enforcement of arbitration agreements in employment and other contexts has been a source of continuing litigation. Most recently, many of these cases have focused on whether arbitration agreements may be used to preclude class or collective action litigation. The clear trend in these cases has been to uphold class and collective action waivers. As a result, many employers have begun to revisit the question of whether they should adopt mandatory arbitration programs. This article explores recent developments in the arbitration context, particularly those involving class or collective action issues, and highlights a number of significant unsettled issues that may soon be decided.

'Enforceability of Arbitration Agreements Generally

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