For years, employers of all sizes have implemented arbitration programs as a means of resolving employment disputes. (In an article that appeared in the New York Law Journal on Jan. 12, 2017, we made practical suggestions for how to draft enforceable arbitration agreements that are likely to withstand court scrutiny. See A. Michael Weber, “Mandatory Arbitration Agreements: To Be or Not to Be,” 257 N.Y.L.J. 4 (Jan. 12, 2017).) During that same time period, the U.S. Supreme Court has repeatedly held that the Federal Arbitration Act mandates enforcement of Arbitration Agreements in all but the most unusual circumstances. See generally DIRECTV v. Imburgia, 136 S. Ct. 463 (2015); AT&T Mobility v. Concepcion, 563 U.S. 333 (2011); Circuit City Stores v. Adams, 532 U.S. 105 (2001); Gilmer v. Interstate Johnson v. Adams, 500 U.S. 20 (1991).
Now, as the U.S. Supreme Court again revisits issues related to employment arbitration agreements in a series of cases involving class and collective action waivers, we revisit the advantages and disadvantages of implementing a workplace arbitration program.
The State of the Law
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