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The Work Week with Bassford Remele | Class and Collective Action Waivers | 8/21/23



The Work Week with Bassford Remele

August 21, 2023

Welcome to another edition of The Work Week with Bassford Remele. Each Monday morning, we will publish and send a new article to your inbox to hopefully assist you in jumpstarting your work week.

Bassford Remele Employment Practice Group


Advantages and Disadvantages of Employers Implementing Arbitration Agreements With Class and Collective Action Waivers

Bryce D. Riddle

In 2017, the United States Supreme Court upheld the validity of employment contracts where employees give up their right to collective litigation against their employer in Epic Systems Corp. v. Lewis. Since at least that time, employers have weighed whether to have their employees sign arbitration agreements with class action and collective action waivers. Employers often include arbitration provisions in employment contracts to streamline dispute resolution processes and minimize legal risks, including avoiding class and collective actions and avoiding sympathetic juries. Such agreements offer tremendous value to employers in helping dismiss class or collective action lawsuits and instead arbitrate claims with a single individual.

While beneficial to employers, arbitration agreements with class and collective action waivers do not come without potentially significant downsides. To better assist with determining whether to implement arbitration agreements, the following advantages and disadvantages should be considered.



The decision for employers to implement class and collective action waivers within arbitration agreements is a complex one that requires a thorough consideration of both advantages and disadvantages. While these waivers offer streamlined dispute resolution, reduced legal costs, and protection against the potential financial and reputational harm of large-scale class actions, it is crucial for employers to acknowledge the potential drawbacks, including costs of individually arbitrating claims on a large scale, inconsistent outcomes, negative public perception, and legal complexities that may offset the initial benefits.

If you need assistance in drafting or amending employment policies with respect to arbitration and class action waivers and whether to include them, the Bassford Remele Employment Law Practice Group is here to help!


Women’s Leadership Summit: Reframing the Alpha Female

Bassford Remele proudly announces its Second Women's Leadership Summit. Join us for an invigorating discussion with Minnesota women business leaders.

Our panelists will discuss what it means to be an "alpha female." Through this discussion, the panel will explore the conventional perceptions of women in leadership positions. What is working? What isn't? How can we dismantle the misconceptions, limitations, and often damaging tropes and stereotypes surrounding powerful women and reframe what it means to be an "alpha female?"


1.50 CLE credits will be applied for in Minnesota and Wisconsin

DATE Tuesday, September 12, 2023 | Registration and Networking: 2:30-3:00 pm
Summit: 3:00 – 4:30 pm Networking: 4:30 – 5:30 pm

LOCATION The Grand 1858 at Minneapolis Event Centers, 212 Second Street SE, Minneapolis (Complimentary Parking)

RSVP HERE or contact Janet Nelson, Marketing Director, or 612.376.1656

DRESS FOR SUCCESS Bassford will be hosting a donation drive for Dress for Success, which believes in empowering every woman through employment. Dress for Success offers high touch, high impact career and workplace skills development programs for low income women to help them achieve career advancement, career stability and economic stability. Donations can be brought to the summit.


The Work Week with Bassford Remele, 8/21/23 (print version)


Employment Litigation/Advice

Bassford Remele proudly serves as local and national counsel for many major corporations and Fortune 500 Companies and is a go-to litigation firm representing local, national, and international clients in state and federal courts across the region.

Bassford Remele | August 14, 2023