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  1. #1
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    Oct 2014
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    Default Re: Jury Trial Waiver - Class and Collective Action Waiver

    Quite simply they mean that in a controversy between you and the company in court the case will be decided by a judge rather than a jury and that your claim would have to be brought alone and not as part of any class action or group claim. This latter provision effectively forecloses the ability of a class of employees litigating a common claim against the employer in a class action; each employee would have to bring his or her claim separately. I have no idea whether Texas courts would invalidate either of these provisions as I have not researched Texas case law on the matter. That’s something to ask an employment law attorney in Texas.

  2. #2
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    Default Re: Jury Trial Waiver - Class and Collective Action Waiver

    Thank you for your prompt reply!That part of jury trial is the scariest. What are the advantages or disadvantages for me as an employee?

  3. #3
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    Default Re: Jury Trial Waiver - Class and Collective Action Waiver

    Here is a good article on the Jury Waiver issue. https://www.shrm.org/hr-today/news/h...0212legal.aspx

    While it doesn't speak to Arizona law specifically many employment issues would be under Federal jurisdiction anyway.

    And here is one on the Class and Collective Action Waiver https://www.fisherphillips.com/resou...s-waiver-fight

    The NLRB is very much against them but the courts are mixed.

  4. #4
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    Default Re: Jury Trial Waiver - Class and Collective Action Waiver

    Quote Quoting PayrolGuy
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    While it doesn't speak to Arizona law specifically many employment issues would be under Federal jurisdiction anyway.
    The agreements that the OP posted specifically state that Texas law will apply and that any lawsuits between the parties would be litigated in Texas. Thus, it is likely that Texas law, not Arizona law, would apply here. While federal law does have some employment law provisions, most employment and contract law is state law, so state law matters very much here.

  5. #5
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    Default Re: Jury Trial Waiver - Class and Collective Action Waiver

    As the OP is in Arizona and working in Arizona it is more likely the laws of that state and federal law will be in play.

  6. #6
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    Default Re: Jury Trial Waiver - Class and Collective Action Waiver

    Quote Quoting PayrolGuy
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    As the OP is in Arizona and working in Arizona it is more likely the laws of that state and federal law will be in play.
    Not if the OP signs a contract that says that TX law will apply.

  7. #7
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    Default Re: Jury Trial Waiver - Class and Collective Action Waiver

    Most labor law can't be overruled by a contract unless it gives MORE right to the employee.

  8. #8
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    Default Re: Jury Trial Waiver - Class and Collective Action Waiver

    Quote Quoting PayrolGuy
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    Most labor law can't be overruled by a contract unless it gives MORE right to the employee.
    Jurisdiction is not a labor law issue in this instance. No labor law is breached by someone agreeing to a specific jurisdiction.

  9. #9
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    Default Re: Jury Trial Waiver - Class and Collective Action Waiver

    Quote Quoting PayrolGuy
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    Most labor law can't be overruled by a contract unless it gives MORE right to the employee.
    While there are some provisions of labor law that cannot be overruled by a contract, there are some that may be. The Arizona Supreme Court has upheld an employment contract where the parties chose Texas law to govern the contract. See Swanson v. Image Bank. Without doing a full choice of law analysis and analyzing the exact nature of the dispute between the parties, it is impossible to say which state’s law would govern, but for many disputes the choice of law provision in the contract would indeed be valid and Texas law would apply.

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