Are We All in This Together? Enforcing Class Arbitration Waivers

Mandatory class arbitration waivers are increasingly common in employment agreements. It is estimated that forty-three percent of companies have mandatory class arbitration waivers. Employees sign them because they either do not believe they will ever have a major problem with their employer, they believe arbitration is a cheaper and faster method of dispute resolution, or they simply do not read or understand the clause. This Note discusses the facts surrounding the Eighth Circuit’s decision in Cellular Sales of Missouri to uphold a class arbitration waiver. It analyzes the approach other federal circuit courts have taken in upholding and striking down class arbitration waivers, explains the Eighth Circuit’s rational for upholding the class arbitration waiver, and finally, discusses why the Eighth Circuit should not have upheld the waiver