In response to the Supreme Court’s ruling in AT&T Mobility LLC v. Concepcion allowing class-action waivers in arbitration agreements, Congress has re-introduced the Arbitration Fairness Act. The Arbitration Fairness Act would amend the Federal Arbitration Act and ban any mandatory, pre-dispute arbitration agreements in employment agreements. Employees could only consent to the mandatory binding arbitration after the dispute arises. This would allow the employee to decide whether to have a court of law/jury or arbitration forum rule on the case.
June 1, 2011 – Castronovo & McKinney, LLC – Tom McKinney