May 10, 2018

Maggie Maraschino on Introducing Post-Dispute Arbitration Pacts

Munger, Tolles & Olson attorney Margaret G. Maraschino published an article in Law360 on May 10, 2018 outlining issues companies should consider when seeking to enter post-dispute arbitration agreements with their employees.

Ms. Maraschino discusses a recent appellate decision in Nguyen v. Inter-Coast Trading Co., which found that an arbitration provision introduced into the company’s employee handbook after an employee had filed a wage and hour class action was unenforceable, it’s the broader implications of this ruling for other companies considering this practice.

Ms. Maraschino explains the court’s rationale, outlines a case history of similar post-dispute agreements with members of putative classes, and lays out several practical tips companies can follow to avoid unconscionability findings when introducing post-dispute arbitration agreements.

Ms. Maraschino’s practice is focused on labor and employment matters. She frequently defends leading national and California companies against wage and hour class and collective actions, discrimination claims and termination challenges. She also provides strategic advice to major companies on a broad range of employment matters, including issues related to mergers and other corporate transitions.