News & Analysis as of

Class Action Arbitration Waivers The National Labor Relations Act Preemption

Benesch

Is the end near? Supreme Court set to rule on whether California’s PAGA law runs afoul of the Federal Arbitration Act

Benesch on

Generally, the Federal Arbitration Act (“FAA”) has routinely been enforced by the balance of the nation’s courts over the years, as it codifies accepted deference to parties’ contracts and agreements and has been held to...more

Lewitt Hackman

FRANCHISEE 101: Class Not in Session

Lewitt Hackman on

In May, the U.S. Supreme Court held that mandatory arbitration agreements containing class action or collective action waivers must be enforced as written....more

Spilman Thomas & Battle, PLLC

The Case for Class - Class Action Waivers in Arbitration Agreements

Last month, in Epic Systems Corp. v. Lewis, the Supreme Court of the United States decided class action waivers in employment arbitration agreements do not violate the National Labor Relations Act (“NLRA”). A class action...more

Esquire Deposition Solutions, LLC

Employment Agreements that Prevent Class Action Litigation Deemed Legal

An extremely close 5-4 ruling in the U.S. Supreme Court confirmed that employment agreements that state employees must give up their rights to pursue class action claims are legal. The issue reached the Supreme Court from the...more

Jaburg Wilk

Epic Win for Employers on Individual Arbitration Agreements

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The U.S. Supreme Court has ruled that employers may require their employees to resolve wage and hour disputes through one-on-one arbitration instead of through class actions. In Epic Systems Corp. v. Lewis, the Supreme Court...more

Farella Braun + Martel LLP

Supreme Court Rules That Employees Can Waive Class Action Rights Through Arbitration Agreements

On May 21, 2018, the United States Supreme Court ruled in Epic Systems Corp. v. Lewis that arbitration agreements containing class action waivers are enforceable under the Federal Arbitration Act. 584 U.S. ___ (Dkts. 16-285,...more

Jackson Walker

Supreme Court Okays Class Action Waivers in Employee Arbitration Agreements

Jackson Walker on

May a company ask its employees to enter into agreements to arbitrate disputes and that also waive an employee’s ability to bring a class or collective action on behalf of other present or former employees? On May 21, 2018,...more

Epiq

SCOTUS Ruling has Far-Reaching Effects on Employment Litigation and Class Action

Epiq on

On Monday, May 21, the Supreme Court, in a 5-4 decision, ruled that companies can use arbitration clauses in employment contracts to prohibit workers from banding together to bring class action suits over workplace issues....more

Dechert LLP

Supreme Court Upholds Employers’ Use of Class Action Waivers in Arbitration Agreements

Dechert LLP on

A sharply divided U.S. Supreme Court decided one of the most highly anticipated employment cases in recent years on May 21, 2018, holding in Epic Systems Corporation v. Lewis that the National Labor Relations Act (“NLRA”)...more

McAfee & Taft

US Supreme Court upholds arbitration agreements with class action waivers

McAfee & Taft on

On Monday, Justice Gorsuch for the United States Supreme Court issued an opinion in Epic Systems Corp v. Lewis, together with two companion cases, upholding the use of class and collective action waivers in arbitration...more

Nilan Johnson Lewis PA

What’s Next for Employers After Epic Decision

Nilan Johnson Lewis PA on

The U.S. Supreme Court gave a huge win to employers on May 21, 2018, in its much-anticipated decision in Epic Systems Corp. v. Lewis, upholding the validity of arbitration agreements that require employees to arbitrate claims...more

Proskauer - Law and the Workplace

SCOTUS:  Employers Can Compel Individual Arbitration of Wage and Hour Claims

In its eagerly-awaited opinion in Epic Systems Corp. v. Lewis, the U.S. Supreme Court held on May 21 that class action waivers in arbitration agreements between employers and employees do not violate the National Labor...more

Foley & Lardner LLP

Waiting for Gorsuch: SCOTUS Kicks Important Class-Action Waiver Case to Next Term

Foley & Lardner LLP on

Last week, the United States Supreme Court informed litigants in Epic Systems Corp. v. Lewis that it is pushing the case to its October 2017 term. The lawsuit, which rose up through the Western District of Wisconsin and the...more

Alston & Bird

Labor & Employment Advisory: Supreme Court Reiterates That the Federal Arbitration Act Preempts State Bans on Class Arbitration...

Alston & Bird on

The U.S. Supreme Court recently issued another opinion affirming the broad scope of the Federal Arbitration Act (FAA) and its impact on state efforts to invalidate class action waivers in arbitration agreements. Although the...more

Parker Poe Adams & Bernstein LLP

Supreme Court Upholds Class Action Arbitration Waivers

Employers seeking to avoid costly and often hostile juries have increasingly relied upon mandatory arbitration agreements with employees. Under these provisions, the parties agree to submit any disputes involving the...more

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