Does Your Employer Force You to Waive Rights (Probably, Yes)?

Your employer probably requires you to sign some forms from time to time. A common form that you are often required to sign is a class-action waiver of your right to sue over employment.

Here’s a quick illustration for context. Suppose your employer asks you for a family medical history as part of entry or reassignment to a job (a possible violation of the Genetic Information Nondiscrimination Act, depending on when you are asked for this information); or you’re an hourly employee and are not being paid overtime after 40 hours a week; or you’re a nursing mother who is not being given any time to express or nurse.

These claims can be costly as class actions, where a bundle of closely related cases are handled by law firms that take a chance on bankrolling the group’s lawsuit (if they think the case is a winner). If you are forced to sue alone, it's more likely likely than not that you'll not press your claim.

The Supreme Court is being asked to consider whether “class action waivers” that are administered to employees (as distinguished from consumers who but a telecomm’s cell plan, for example) are valid.

The National Labor Relations Board has repeatedly ruled that employees cannot be forced to waive their potential class action claims. Most federal courts agree with the NLRB; some don’t. It’s a big deal for employers and employees—and maybe you, in a future scenario.

Back to your cell phone. You almost certainly signed a class action waiver. It's fully enforceable. Thus, if you have a small claim against your provider-- say, they "upsold" you on a service you don't want and didn't realize you were buying when you were checking boxes on the service agreement--you can sue over that annoying $10 per month fee (if they won't remove it)-- but you won't have the advantage of a class action.