Batching a Growing Response to Mass Wage Arbitrations, Law360

Partners Kaiser Chowdhry and Keri Engelman spoke with Law360 about companies’ efforts to manage mass wage and hour arbitrations, including the potential benefits and risks of batching protocols as courts continue to scrutinize these provisions.

Keri said batching can help employers manage upfront costs while providing insight into the strengths and weaknesses of claims to inform settlement discussions. She also emphasized the importance of robust predispute contractual requirements. “It creates a lot of opportunity to settle cases for a fraction of the value early on and really pick apart the mass arb,” Keri said. Kaiser noted that employers must balance limiting upfront costs against placing too much weight on the outcome of a small number of representative cases.

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