It is premature to announce the death of wage and hour class actions. But the cases suggest a different future for those types of claims and other claims seeking class-wide relief.
It is not premature to announce that arbitrations are alive and well, however. If there was ever a time for employment lawyers and their clients to study and understand this alternative dispute mechanism, now is it.
In short, now is the time for employers to start reviewing whether a mandatory arbitration program for employees is right for them. The nation’s highest court has opened the door for such a process; whether employers want to walk through it is up to them.