Since the U.S. Supreme Court handed down its decision in AT&T Mobility, LLC v. Concepcion, holding that the Federal Arbitration Act preempts California’s rule that invalidates arbitration agreements in which the parties waive the right to class-wide proceedings, courts in California have wrestled with applying Concepcion in the employment context, with confusing and often conflicting results for employers. It’s not too surprising, then, that the California Supreme Court granted review last fall in Iskanian v. CLS Transportation Los Angeles, LLC, 206 Cal.App.4th 949 (2012), review granted 147 Cal.Rptr.3d 324 (Sept. 19, 2012), which will address whether class action waivers in the employment context are valid and the related question of whether employees may waive their rights to bring a representative action under California’s Private Attorneys’ General Act.

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