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Q: Can written employment agreements prevent employees from bringing class action lawsuits even if there is a state law barring such provisions?

A: Yes. In AT&T Mobility LLC v. Concepcion, the United States Supreme Court ruled that employees may waive their right to bring class action lawsuits in lieu of individual arbitration even if there is a state law that prohibits businesses from requiring that claims be made on a person by person basis. If an employer has an arbitration provision in an employment contract and the arbitration is permitted under the Federal Arbitration Act, the state law will not apply.