Employment Law Commentary - June 2012

Iskanian v. CLS Transportation: Second Time's the Charm for California Class Action Waivers in Arbitration Agreements
By Neil D. Perry

In early June, Division Two of the California Court of Appeal released an employer-friendly decision, Iskanian v. CLS Transportation Los Angeles, LLC, 2012 Cal. App. LEXIS 650 (Jun. 4, 2012), that adds another wrinkle to the uncertainty surrounding the enforceability of arbitration agreements and class action waivers in California. This case is of particular interest, as the Court of Appeal panel first reviewed the Iskanian/CLS arbitration agreement following the California Supreme Court's decision in Gentry v. Superior Court, 42 Cal. 4th 44 (2007) and granted a writ of mandate instructing the trial court to reconsider its decision to compel arbitration. Now, the same Court of Appeal panel has reviewed the Iskanian/CLS agreement in light of AT&T Mobility v. Concepcion, 131 S. Ct. 1740 (2011), and this time the court came to a