• Arbitration and Class Action Waivers After Concepcion and D.R. Horton: Courts and the NLRB Reach Divergent Conclusions
  • November 23, 2012 | Author: Leila Narvid
  • Law Firm: Payne & Fears LLP - San Francisco Office
  • Since the U.S. Supreme Court came down with its landmark decision in AT&T Mobility v. Concepcion in April 2011, the legality of individual arbitration agreements has been a hot topic in the employment realm. In Concepcion, the Court upheld an arbitration agreement that required all consumer complaints to be arbitrated individually, instead of on a class-wide or collective basis. In reaching its decision, the Court held that California state contract law deeming such agreements unenforceable was preempted by the Federal Arbitration Act (“FAA”). Although the case was decided in the context of a consumer class action, its holding has prompted employers nationwide to consider implementing similar arbitration agreements in the workplace.