Employment Lawyers Await Ruling as SCOTUS Mulls Class Action Waivers
As the clock ticks on the current Supreme Court term, labor and employment lawyers from both the plaintiffs and defense bars are watching closely for a ruling in Epic Systems v. Lewis.
May 02, 2018 at 03:49 PM
5 minute read
The U.S. Supreme Court is poised to issue a ruling soon that could reshape the influence of class action plaintiffs on the workplace—not to mention the workloads of employment lawyers nationwide.
The justices heard arguments in three related cases, consolidated as Epic Systems v. Lewis, on Oct. 2, 2017, the very first day of this term. The court is evaluating whether mandatory arbitration agreements between individual employees and employers that include class action waivers are enforceable.
The court is expected to settle whether a National Labor Relations Act provision allowing for workers to engage in collective actions trumps the Federal Arbitration Act's dictate that arbitration agreements are irrevocable. Notably, in its 2011 ruling AT&T Mobility v. Concepcion, the high court ruled that a clause in a California state contract law failed to trump the FAA.
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