When an employer agrees to a contract that prohibits an employee from pursuing a separate separate proceedings, does the employee have to pursue the separate proceedings?

MultiRegion, United States of America

The following excerpt is from Morris v. Ernst & Young, LLP, 834 F.3d 975 (9th Cir. 2016):

The separate proceedings clause in this case is no different. Under the clause, the employee is obligated to pursue work-related claims individually and, no matter the outcome, is bound by the result. This restriction is the very antithesis of 7's substantive right to pursue concerted work-related legal claims. For the same reason, the Seventh Circuit recently concluded that [a] contract that limits Section 7 rights that is agreed to as a condition of continued employment qualifies as interfer[ing] with or restrain[ing] ... employees in the exercise of those rights in violation of Section 8(a)(1). Lewis v. Epic Sys. Corp. , 823 F.3d 1147, 1155 (7th Cir. 2016). Indeed, 7 rights would amount to very little if employers could simply require their waiver.

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