Arbitrating Class Actions – Does Arbitration Bind Employees Who Do Not Opt-in?
Decision could have a major impact on employers whose arbitration agreements are silent.
There is a significant difference separating federal court class actions and class actions proceeding in arbitration. At the same time arbitrators’ jurisdiction is obtained entirely from contractual agreements, the federal courts derive jurisdiction over litigants following Article III of the U.S. Constitution. This white paper reviews that difference as well as discusses case decisions that clarify it.
Rebecca M. McCloskey is an associate in the White Plains, New York, office of Jackson Lewis P.C. Ms. McCloskey's practice focuses on employment litigation in federal and state courts and administrative forums in a variety of subject matters, including discrimination, retaliation, and harassment based on gender, race, age, disability, sexual orientation, pregnancy, and religion. She has also worked on matters involving unemployment insurance benefits, non-competition agreements, and classification of employees under wage and hour laws.
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