Certain employment practices common to the health care industry – including rounding employees’ start and stop times, individuals working for different facilities within the same time period and failing to correctly compensate workers for travel time or mandatory training attendance – may make employers vulnerable to wage and hour collective action claims. Houston attorney Felix Digilov points out in an article for Medical Journal-Houston that the Supreme Court ruled in May 2018 that the right to bring a joint, collective, representative or class-based claim in not considered a “concerted action” protected by the NLRA. Therefore, health care employers should, perhaps now more than ever, consider incorporating and enforcing mandatory class action waivers in employment arbitration agreements.

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