Validity of Arbitrator’s Certification of Class Including Absent Members Explored

The U.S. Supreme Court recently rejected a challenge under Section 7 of the National Labor Relations Act to the enforceability of class and collective action waivers in arbitration agreements in Epic Systems Corp. v. Lewis. Co-authored by partner Holly Weiss, this article discusses a pending Second Circuit case, Jock v. Sterling Jewelers. The case will address a related question — the validity of an arbitrator’s certification of a class, including members who did not affirmatively opt in to the class.