Iskanian v. CLS Transportation

Summary

The court held that the Federal Arbitration Act preempts California's rule invalidating employment arbitration class-action waivers, and that the National Labor Relations Act does not prohibit such waivers. It further held that the employer did not waive arbitration by withdrawing and later renewing its motion, but that a predispute waiver of representative claims under the Private Attorneys General Act is unenforceable, is not preempted, and does not violate separation of powers. The judgment was reversed and remanded for proceedings addressing how the individual and representative claims should proceed.