should the arbitration agreement include a provision that terminates the agreement after a certain period of time or a given event?

This report examines the use of arbitration agreements in the workplace by the top 100 largest
domestic United States companies, as ranked by Fortune magazine.
1 These companies are the
most successful, powerful companies in America, with combined annual revenues totaling over
7.6 trillion dollars according to Fortune magazine.
The research in this report was undertaken to identify: 1) How many of these companies have
utilized arbitration to resolve workplace disputes since 2010; and 2) Of those companies, how
many use arbitration clauses that require workers also to waive their right to proceed
collectively or as part of a class (a “class waiver”). This report does not address labor arbitration
or unionized employees who are bound to arbitrate under a collective bargaining agreement;
instead, this report focuses on individual arbitration agreements for workplace disputes.
The key findings of this study are as follows:
• 80% of the companies in the Fortune 100, including subsidiaries or related affiliates,
have used arbitration agreements in connection with workplace-related disputes since
• Of the 80 companies with arbitration agreements in the workplace, 39 have used
arbitration clauses containing class waivers.
The ability to access courts is disappearing for workers in America because arbitration clauses
have permeated the majority of the leading companies in America. Personal injury claims, wage
claims, civil rights claims, sexual assault claims, and other claims involving the workplace and
vulnerable workers may never be heard in a public court, with broad procedural protections for
employees, because of the use of arbitration clauses. Further, through the use of class waivers,
it is impossible for employees to join together in a class or collective action against their more
powerful and far better-resourced employers. Access to courts has become increasingly more
difficult for workers, and the vast majority of America’s top companies have tried to block
workers from entering the courthouse door

Initial Response to Discussion Question: Your initial response to a discussion question should not exceed 100 words. It is not necessary to include references to receive credit for your initial response. However, including references are often helpful for others and can help stimulate discussion so include them for that purpose when your initial response is shaped by one or more references.

DQ 1

  • Assume that I come to your store day after day to purchase a newspaper. One day, I decide that I also want a candy bar. I pick one up. Your store is busy and you are helping another customer away from the cash register but within my line of sight. I wave the candy bar in your direction. You neither affirmatively nor negatively respond. I walk out without paying. My intention is to come back the next day to pay for it.

Whether or not you would go ahead and prosecute me, have I, in fact, committed a crime? Do not explain whether you would or would not prosecute as it is not germane to the discussion topic. What other facts, if any, would you want to know?

DQ 2

  • Should a person be required to sign an arbitration agreement as a prerequisite to getting medical treatment in a non-emergency situation? Why or why not? If so, should the arbitration agreement include a provision that terminates the agreement after a certain period of time or a given event?

DQ 3

  • In an era in which business fortunes may change rapidly, can a prospective employee ever justifiably rely on statements made by a prospective employer during a job interview? If so, what type or types of statements can be justifiably relied upon?

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