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

  • “They do everything you’d expect.”

    -Chambers 2012

  • "Rik is a character, a trial lawyer of the highest degree. He is a consummate trial attorney and a phenomenal oral advocate with an ability to take complex issues and make sense of them, build out and present them in a common sense way.”

    -Chambers 2012

  • "The Burr & Forman Creditor's Rights group is top notch and definitely should be ranked with the nation's best lawyers. They are responsive, timely, very knowledgeable, resourceful, and helpful. They fight for their clients while offering alternative strategies that may be less expensive. That being said, they will "go to the mat" if necessary and do so in a prudent well prepared manner."

    -Best Lawyers 2012

  • “Melinda's representation, performance, and knowledge for me personally and for my company is unquestionably the ‘top of the line’.  She is prompt, thorough, and responsive.  She has my total trust.”

    -J. P. Lamb, L & A Trucking Co., Inc.

  • "Erich is great to work with.  He has a responsiveness that is second to none.  He and his team are always focused on obtaining the best outcome for their clients in a timely and cost efficient manner.  He is experienced, hard working, client minded, professional, and just an all around great attorney."

    -Anonymous