Today, the U.S. Supreme Court heard a trio of cases to determine if class action waivers and arbitration can be forced on American workers. Once decided, the cases will resolve a split of opinions between the federal circuit courts, some that prevent the use of forced arbitration and contractual waivers, and some that permit them.
Employers have increasingly required their employees to give up their ability to participate or file collective actions against the company, forcing them instead to submit to mandatory arbitration. When that happens, the employers enjoy tremendous power over the workers while substantially limiting workers’ rights.
Sommers Schwartz partner Jason Thompson (pictured left) represents workers across the country in wage and hour class action lawsuits. Jason visited Washington D.C. to attend the oral argument at today’s Supreme Court session. On Wednesday, he will travel to Cincinnati, Ohio to appear before the U.S. Sixth Circuit Court of Appeals, arguing against a class action waiver and arbitration clause imposed by Kelly Services on its call center workers.