The Legal Intelligencer: Arbitration Agreements and Class Action Waivers in the Employment Context: States Versus the FAA

November 17, 2022

In an article published in The Legal Intelligencer on October 25, 2022, Obermayer labor and employment attorneys, Matthew Green and Melissa Maione, discuss the current state of the enforceability of arbitration agreements and the tension between the broad reach of the FAA and the governmental efforts underway to limit its reach. The article, titled “Arbitration Agreements and Class Action Waivers in the Employment Context: States Versus the FAA,” explores several recent cases and offers tips for drafting arbitration agreements, including:

  • use “must” not “shall;”
  • include material terms to reduce the chances that a court or arbitrator will fill in the gaps or find that no arbitration agreement exists;
  • consider whether a particular arbitration company such as AAA or JAMS have promulgated rules that fit your client’s intentions, and consider incorporating those rules (or those rules that may apply) into your arbitration clause. 

Matthew Green serves as deputy chair of Obermayer Rebmann Maxwell & Hippel’s litigation department. He concentrates his practice on commercial litigation and employment law in the state and federal courts of New Jersey and Pennsylvania. He has extensive experience and has been lead counsel in litigation relating to contracts, real estate disputes, non-compete agreements and employment disputes.

Melissa  Maione is an associate in Obermayer’s labor and employment department. She focuses her practice on employment-related agreements and employment litigation, representing financial institutions, nonprofit organizations, real estate developers, and investors, as well as individuals.