Class Action Waivers and Arbitration Agreements
1:00 PM - 2:30 PM ET
1.50 General CLE Credit Hours
The use of class and collective action waivers in employment arbitration agreements has grown substantially in the last few years and has generated controversy. Opinions such as Concepcion have issued from the Supreme Court, and it has agreed to review conflicting circuit court decisions on the issue whether the National Labor Relations Act prohibits class action waivers. Litigating claims arising under agreements with class action waivers or that do not expressly address the issue have proved challenging for attorneys, both for employees and management, and have raised unique issues for the neutrals who hear these cases. Join our expert panel as they discuss the development of the law on the use of express class, collective and representative action waivers in arbitration agreements, the interpretation by arbitrators and the courts of agreements that do not expressly address the subject, the legal challenges posed by the use of these waivers, tips on managing litigation of claims and unfair labor practice charges given the pending Supreme Court cases, and the panel’s views on the potential impact of the Supreme Court’s decisions.