More than Class Action Killers: The Impact of Concepcion and American Express on Employment Arbitration

Abstract

This Article highlights how two recent U.S. Supreme Court decisions, AT&T Mobility LLC v. Concepcion and American Express Co. v. Italian Colors Restaurant that, although involving class actions, could impact individual employment arbitration proceedings and destabilize the broader legal framework supporting arbitration in the United States. The shrinking scope of judicial review of arbitration agreements should prompt a broader debate about the relationship between the courts and a system of arbitration. If employment arbitration is to have any legitimacy, judicial review of arbitration agreements should be increasing in scope rather than decreasing, to ensure that employees knowingly and voluntarily entered into arbitration agreements.

Keywords: AT&T Mobility LLC v. Concepcion, American Express Co. v. Italian Colors Restaurant, arbitration, judicial review, arbitration agreements, employment law, Federal Arbitration Act