Today’s column is the first of two articles discussing a multitude of decisions by the U.S. Supreme Court during the 2010-11 term in the area of labor and employment law.
Class Waivers
In AT&T Mobility LLC v. Concepcion, 131 S.Ct. 1740 (April 27, 2011), the Court ruled 5-4 that an arbitration agreement in a consumer contract that prohibited class-wide arbitration was enforceable. This decision is a strong indication that an arbitration agreement including a class action waiver in the employment context would also be enforceable.
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