Perspective
May 19, 2011
Employment Arbitration Makes a Comeback
California courts' application of unconscionability law to class arbitration in employment claims is questioned. By D. Gregory Valenza of Shaw Valenza.
Unless Congress acts to overturn the U.S. Supreme Court's decision in AT&T Mobility LLC v. Concepcion, 2011 DJDAR 5846 (April 27, 2011), employers with properly drafted arbitration agreements can cross employment law class actions off their lists of things to worry about. The state Supreme Court largely prohibited employers (and anyone else) from excluding class-based claims from arbitration agreements. But Concepcion a...
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