Class Action Waivers in Employment Arbitration Agreements: The Aftermath of AT&T Mobility LLC v. Concepcion & D.R. Horton

Location

Jackson Lewis
225 Broadway Suite 1740
San Diego, CA 92101
United States
32° 42' 56.3148" N, 117° 9' 45.6588" W
Published
Thu, 2012-09-20

John A. Ontiveros, Jackson Lewis and in-house counsel TBD

11:30 am-1 pm
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members $15, nonmembers $55
1 CA hr

(619) 260-2022 or acca@exclusivelylegal.com

 

In AT&T Mobility LLC v. Concepcion, the U.S. Supreme Court held that California’s ban on class action waivers in consumer arbitration agreements interferes with the fundamental attributes of arbitration and is preempted by the Federal Arbitration Act.  Whether the ruling applies to arbitration agreements in the employment context is a hotly contested issue for which there is not yet a clear answer.  However, the National Labor Relations Board has recently held in D.R. Horton, 357 NLRB No. 184 (Jan. 3, 2012) that requiring individual employees to sign arbitration agreements waiving their right to bring joint, class or collective actions violates federal labor law in some instances.  Come join us for a discussion led by Jackson Lewis attorneys and in-house counsel to explore this quickly evolving area!  

 

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