Stripping Away Employment Rights: The Unconscionability of Class Waivers in Employment Agreements

Authors

Nikki Clark

Abstract

As support for arbitration clauses began to grow, employers began to include arbitration clauses in employment agreements because it lowers the cost and uncertainty of litigation. Many of these arbitration clauses contain waivers of the right to class action. This Note argues that a waiver of collective action, whether express or unknowing, should be per se unconscionable to provide consistency and to resolve the inconsistency between and even within federal circuits.

Recommended Citation

Nikki Clark, Stripping Away Employment Rights: The Unconscionability of Class Waivers in Employment Agreements, 2016 J. Disp. Resol. (2016)
Available at: https://scholarship.law.missouri.edu/jdr/vol2016/iss1/16