Class Action Waivers In Employment: Debate Rages On

Law360, New York (March 19, 2012, 1:51 PM EDT) -- The enforceability of class action waivers has been a hotly contested legal issue in the last several years. In the last two years alone, the U.S. Supreme Court has twice upheld arbitration agreements that impacted the ability to pursue class actions in litigation.

In AT&T Mobility v. Concepcion[1], the court held that the Federal Arbitration Act preempted California law barring enforcement of class action waivers in the consumer context. Early this year, in CompuCredit Corp. v. Greenwood[2] — a week after the National Labor Relations Board...
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