I agree this is a good strategy for plaintiffs represented by counsel with sufficient resources to pursue, so that the companies will be hoist by their own petard–I have seen no evidence, however, that the strategy has resulted in companies backing off their insistence that employees, as a condition of employment, “agree” to resolve all their employment-related disputes through individual arbitration. All evidence is that, post-Epic, such agreements are becoming more prevalent, with the intended result, as pointed out in the Epic amicus briefs filed by the National Academy of Arbitrators and the civil rights groups, that individual workers, rather than sticking their necks out and appropriately concerned about workplace retaliation, are not pursuing their claims at all.

Thanks for the comment, Richard. With respect to Uber and Lyft, I have in mind the recent petitions seeking court orders to require the company to pay the initial filing fees for individual arbitrations brought by drivers. According to this article 12,510 Uber drivers brought claims, and they say that Uber is on the hook to pay initial filing fees of $1,500 per case, for a total of $18.765 million. The costs to conduct thousands of individualized hearings would be astronomical.