“Class Arbitration – Two Cautionary Tales for Employers”

Jeffrey McPhaul of Locke Lord LLP offers his take on recent decisions and non-decisions impacting the question of arbitral class actions in the employment arena in this article available on JD Supra. Mr. McPhaul advises that “employers should be cognizant of who (the court or arbitrator) is tasked with deciding the enforceability of the class action waiver in an arbitration agreement. If this ruling is left to an arbitrator, the employer’s ability to appeal an adverse determination may be quite limited.”