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Cintas Workers Oppose Supreme Court Review of 401(k) Arbitration

Dec. 5, 2022, 2:40 PM

Cintas Corp. workers challenging their retirement plan fees oppose the company’s request for US Supreme Court review, telling the justices that the arbitration question raised by Cintas is unimportant and rarely comes up in federal court.

Cintas’ petition asks the high court to decide whether a retirement plan sponsor faced with claims of fiduciary breach under the Employee Retirement Income Security Act can force the dispute into arbitration by pointing to arbitration clauses in employment contracts to which the plan itself isn’t a party.

But to “state the question is enough to show why it rarely arises,” the workers said. ...