Employee Class Action Waiver Independent of Arbitration Clause
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The law of employee class action waiver has, to date, been entwined in the law of arbitration. Agreements to arbitrate being heavily favored, courts have been reluctant to refuse to enforce agreements to arbitrate that also included agreements not to engage on collective remedies such as class actions. Now, the Fifth Circuit has enforced a contractual employee class action waiver that appeared as an independent provision of the terms and conditions of employment.
The case is Convergys v. NLRB. There, the employer required job applicants to agree to the following:
I further agree that I will pursue any claim or lawsuit relating to my employment with Convergys (or any of its subsidiaries or related entities) as an individual, and will not lead, join, or serve as a member of a class or group of persons bringing such a claim or lawsuit.
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