Congress Re-Introduces the Arbitration Fairness Act

By Thomas McKinney

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

About the Author
Tom McKinney is an experienced NJ Employment Lawyer in all major areas of labor and employment law, including discrimination, harassment, overtime violations, wage and hour claims, sexual harassment, wrongful discharge, Title VII, ADA, ADEA, FMLA, LAD, FLSA, and all other employment law claims. Tom is admitted to practice in the States of New Jersey and New York, United States District Court for the Eastern District of New York, Southern District of New York, District of New Jersey, and United States Court of Appeals for the Third Circuit. Prior to forming the firm, Tom practiced at Gibbons P.C. in Newark, NJ. If you have any questions regarding this article, contact Tom here today.