Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

SCOTUS Decision on Mandatory Employment Arbitration Agreements Will Have Far-Reaching Implications

By Ryan Saba and Krystle Meyer

On April 27, 2011, in AT&T Mobility LLC v. Concepcion, the Supreme Court held that, in the consumer context, class action waivers in arbitration agreements are enforceable under the Federal Arbitration Act (FAA), because the FAA makes arbitration agreements “valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract.” See 563 U.S. at 333-34. While employers had long used the protections of the FAA to require employees to consent to mandatory arbitration in employment agreements, after Concepcion, employers desirous of avoiding class and collective actions from their employees increasingly included class and collective action waivers in their employment arbitration agreements. This naturally resulted in a maelstrom of litigation and an eventual circuit split between federal courts interpreting the validity of such class action waivers in the employment context.

On Oct. 2, 2017, the Supreme Court was set to hear argument as to whether these class action arbitration waivers in employment agreements are valid and enforceable. Thirty-six amicus briefs were submitted to the Supreme Court on this issue, underscoring the amount of interest in the Supreme Court's resolution of this matter, and the fact that regardless of the Court's decision, there will be sweeping implications for both employers and employees.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Bankruptcy Sales: Finding a Diamond In the Rough Image

There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.

Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It Image

Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?

A Lawyer's System for Active Reading Image

Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.

The DOJ's Corporate Enforcement Policy: One Year Later Image

The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.

Blockchain Domains: New Developments for Brand Owners Image

Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.