Class Waivers in Employment Arbitration Agreements

October 01, 2012

In April 2011, the U.S. Supreme Court issued a landmark opinion addressing whether arbitration agreements drafted to prohibit class relief are enforceable. AT&T Mobility LLC v. Concepcion, 131 S.Ct. 1740 (2011) reiterated the Court's strong and consistent message that arbitration agreements must be enforced according to their terms.

It emphasized in its holding that the parties' expectations must be honored even if those terms include class or collective action waivers, because "arbitration is a matter of contract." In fact, the Concepcion Court went further and noted the incompatibility between arbitration's demonstrated efficiencies in resolving individual disputes compared with the statistical inefficiency of class relief. It concluded that class relief is inappropriate in arbitration unless the parties' agreement specifically authorizes it.

To read more about this topic, please see full article by clicking here, which was published in the October 2012 issue of the LJN Franchising Business & Law Alert.



Legal Disclaimer:
No representation is made that the quality of services to be performed is greater than the quality of legal services performed by other lawyers.

Featured Attorneys

send article

TESTIMONIALS

  • “His ability to direct the judge to the key issues and avoid a side show has gained much respect and admiration from me as well as, I believe, judges.”

    -Chambers 2012

  • “Scott generously provided advice and assistance to our small startup. He was responsive to our needs and tolerant of adjustments we requested throughout the development of our operating agreement. We’re probably one of Scott’s smallest clients, but he offered our startup his full attention and consideration as if we were one of his largest. We’re grateful for his help.”

    -Sam Pugh

  • “Very responsive. An excellent lawyer with a lot of experience."

    -Chambers 2012

  • “I worked with Scott for 2 years on a green building project. I find his expertise in this area invaluable. Scott has a gentle yet executive demeanor, which lets him move projects forward productively while building stronger relationships.”

    -Selena Wingate

  • “A gentleman and a true trial attorney. He has a good way with the jury and comes across with sincerity and effectiveness.”

    -Chambers 2012