If you use arbitration to resolve disputes, now is a good time to have your attorney review your arbitration agreement. A federal court in Minnesota has recently concluded that a valid arbitration agreement may allow collective-action arbitration, even if the agreement itself never mentions the possibility.
Your attorney can help you sort out what yours says and whether there are ways to reduce or eliminate collective arbitrations.
Recent case: Scott Mork claimed his supervisor told him he would not get overtime because the company was classifying him as exempt when he really was hourly.
Mork had signed an arbitration agreement when he took the job. He agreed to arbitration, but insisted he represented all similarly situated employees.
The court agreed, even though the agreement didn’t specifically provide for collective actions. (Mork v. Loram, No. 11-2069, DC MN, 2012)
Like what you've read? ...Republish it and share great business tips!
Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...
We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.
The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.
" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/30037/review-arbitration-clause-for-class-action-provision "
- Complaining employee wants harassment investigation dropped
- Was N.Y. union staffer fired for trying to organize a union?
- Can "I Want a Window Office" Be an ADA request?
- Plan to pick up slack when FMLA leave cuts worker output
- Government whistle-blowing is protected speech--unless delivered in insubordinate manner