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