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ARTICLE · 06 APRIL 2021

Courts Split On Class Action Waivers, Arbitration Provisions In ERISA Litigation

Holland & Knight
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Courts have struggled through the years when considering the enforceability of mandatory class action waivers and arbitration provisions contained within ERISA plans and other employment-related agreements.

United StatesEmployment and HR
Todd D. Wozniak
Todd D. Wozniak
Lindsey R. Camp
Lindsey R. Camp
Chelsea Ashbrook McCarthy
Chelsea Ashbrook McCarthy
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Highlights

  • Courts have struggled over the years when considering the enforceability of mandatory class action waivers and arbitration provisions contained within Employee Retirement Income Security Act of 1974 (ERISA) plans and other employment-related agreements.
  • Courts have taken various approaches in determining whether class action waivers and arbitration provisions are enforceable in ERISA-based litigation.
  • This alert discusses recent application of these different approaches by several courts.

Courts have struggled through the years when considering the enforceability of mandatory class action waivers and arbitration provisions contained within Employee Retirement Income Security Act of 1974 (ERISA) plans and other employment-related agreements. Courts have taken various approaches in determining whether class action waivers and arbitration provisions are enforceable in ERISA-based litigation. These approaches are discussed below.

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