Class and Collective Action Waiver for Employee Arbitration Agreements (US) | Practical Law

Class and Collective Action Waiver for Employee Arbitration Agreements (US) | Practical Law

This Standard Clause provides language employers can use when asking their employees to agree to individually arbitrate employment-related claims and waive their right to bring any class or collective claims in court or arbitration under the Federal Arbitration Act (FAA), as amended by the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA). This Standard Clause can be incorporated into a stand-alone arbitration agreement, a written employment agreement, a signed offer letter, or any other employment-related agreement with an arbitration provision signed by the employee. This Standard Clause is intended for use by private employers with their non-unionized workforce. It addresses federal arbitration law, but highlights those issues where state arbitration or substantive law varies or may be relevant. This Standard Clause has integrated drafting notes with explanations and drafting tips. For state-specific resources, see State Employment Litigation and Arbitration Toolkit: State-Specific Resources.

Class and Collective Action Waiver for Employee Arbitration Agreements (US)

Practical Law Standard Clauses w-014-9454 (Approx. 18 pages)

Class and Collective Action Waiver for Employee Arbitration Agreements (US)

by Practical Law Labor & Employment
Maintained • USA (National/Federal)
This Standard Clause provides language employers can use when asking their employees to agree to individually arbitrate employment-related claims and waive their right to bring any class or collective claims in court or arbitration under the Federal Arbitration Act (FAA), as amended by the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA). This Standard Clause can be incorporated into a stand-alone arbitration agreement, a written employment agreement, a signed offer letter, or any other employment-related agreement with an arbitration provision signed by the employee. This Standard Clause is intended for use by private employers with their non-unionized workforce. It addresses federal arbitration law, but highlights those issues where state arbitration or substantive law varies or may be relevant. This Standard Clause has integrated drafting notes with explanations and drafting tips. For state-specific resources, see State Employment Litigation and Arbitration Toolkit: State-Specific Resources.