Coast to Coast: Courts in Florida and California Uphold Class Action Waivers

Two courts on opposite sides of the country have upheld class action waivers in arbitration agreements in wage-hour suits, following the Supreme Court’s holding in AT&T Mobility v. Concepcion and rejecting the reasoning of the NLRB in D.R. Horton.

In San Diego, Judge Michael Anello held in Coleman v. Jenny Craig, Inc. that an arbitration agreement was enforceable under California law despite the inclusion of a class-action waiver that required arbitration “on an individual basis” and barred employees “from participating in a class action (existing or future) that was brought by any other party.”  The court specifically rejected challenges that this waiver rendered the agreement unconscionable, following several recent cases upholding similar waivers in light of Concepcion.

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