Paul E. Johnson
Post & Schell, P.C.
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Media & Articles
Andrea Kirshenbaum and Kate Kleba Examine Class and Collective Action Waivers for The Legal Intelligencer
June 3, 2014
In a June 3, 2014 Wage and Hour column for The Legal Intelligencer, Employment & Employee Relations Principal Andrea M. Kirshenbaum and Associate Kate A. Kleba examine how much class members benefit from employment class and collective actions. They note that while these types of actions have increased in recent years, "there is no evidence that individual employees enjoy better outcomes in class actions."
They go on to explain:
"To the contrary, there is a growing drumbeat of criticism that most of the gains from class and collective action litigation inure to the benefit of plaintiffs attorneys, rather than to class members."
Ms. Kirshenbaum and Ms. Kleba go on to explore the rise of employers pursuing mandatory arbitration agreements in an effort, "to channel employment disputes," that are being addressed in class and collective actions, "into arbitration."