Sears Decision Defines Proper Scope of Waiver of Wage Claims
In a recent opinion, a federal trial court in Illinois clarified that an employee can voluntarily waive the right to bring (or participate in) a class or collective action. Brown v. Sears Holding Mgmt Corp., 09-C-2203 (N.D. Ill. Aug. 17, 2009). The court also recognized that employees can waive legal rights arising under common law for non-payment of wages (an issue that was not disputed in the case).
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