As overtime lawsuits continue to explode around the country, employment defense lawyers are getting increasingly creative in advising employers how to skirt such suits.

Although arbitration agreements are starting to wane in popularity, many defense lawyers are now urging employers to have employees sign class action and jury trial waivers. They are doing this even though at least two state supreme courts have ruled against the waivers, calling them “unconscionable” because they rob citizens of their basic rights.

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