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To avoid surprise arbitration exemption, consider 1st Circuit’s analysis

August 2023 employment law letter
Authors: 
Aaron Rosenberg and Cassie Rodgers, Sheehan Phinney Bass & Green PA

Employers, especially those with a workforce spanning multiple states, should take note of a recent decision from the U.S. 1st Circuit Court of Appeals (whose rulings apply to employers in New Hampshire, Maine, Massachusetts, and Rhode Island) highlighting the increasing likelihood that arbitration clauses and related class action waivers may be subject to challenge in our ever-expanding world of interstate commerce.

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