News & Analysis as of

Class Action Arbitration Waivers Epic Systems Corp v Lewis

Epstein Becker & Green

Should Employers Implement Arbitration Agreements with Class and Collective Action Waivers? The Pros and the Cons

Epstein Becker & Green on

For more than a few years — at least since the United States Supreme Court’s seminal 2017 decision in Epic Systems v. Lewis — employers across the country have weighed whether to have their employees sign arbitration...more

Fox Rothschild LLP

New Federal Law Restricts Arbitration Agreements for Sexual Assault and Harassment Claims

Fox Rothschild LLP on

The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 is expected to be signed into law soon by President Biden and will amend the Federal Arbitration Act (FAA) to allow employees who are bound by...more

Payne & Fears

U.S. Supreme Court to Decide the Fate of PAGA in California

Payne & Fears on

On Dec. 15, the United States Supreme Court agreed to take up what promises to be the most consequential PAGA case in nearly a decade.  In Viking River Cruises, Inc. v. Moriana, No. 20-1573, the Court will decide whether...more

Manatt, Phelps & Phillips, LLP

U.S. Supreme Court to Review California’s Ban on PAGA Waivers

In a major turn of events for California employers, on December 15, 2021, the U.S. Supreme Court granted certiorari in a case that challenges California’s ban on arbitration agreements that limit employees’ right to sue their...more

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

Ogletree, Deakins, Nash, Smoak & Stewart,...

Changing Administrations, Changing Labor Policies, Part II: The 10 Most Prevalent Issues in Labor Law

Part one of this two-part series covered changes to U.S. labor law policies that employers can expect to see with the new administration. Part two is a brief summary of the most prevalent issues in current labor law and their...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New Jersey Supreme Court Confirms Enforceability of Employment Arbitration Agreements With Class Action Waivers Exempted Under FAA

On May 21, 2018, in Epic Systems Corporation v. Lewis, the Supreme Court of the United States upheld class action waivers in arbitration agreements, ruling that the Federal Arbitration Act (FAA) instructs “federal courts to...more

Payne & Fears

Arbitration Agreements with Class Waivers: Be Careful What You Wish For

Payne & Fears on

In Hamlet’s Third Act, Hamlet discovers a plot against his life and resolves to counter it by letting Rosencranz and Guildenstern, whom he suspects are complicit in the plan, be "Hoist with [their] own petard," meaning, blown...more

Benesch

States Seeking to Expand Availability of Private Attorney General Laws to Combat Arbitration Agreements

Benesch on

In May 2018, the Supreme Court upheld the validity of arbitration agreements containing class action waivers in Epic Systems Corp. v. Lewis, 138 S. Ct. 1612 (2018), resolving a circuit split and ending a six-year dispute...more

Epstein Becker & Green

Be Careful What You Wish For: California Federal Judge Compels DoorDash to Conduct – and Pay for – More Than 5,000 Individual...

Epstein Becker & Green on

It’s no secret that many employers have employees sign arbitration agreements with class and collective action waivers in the hopes of avoiding the massive wage-hour lawsuits that have become so prevalent in the past two...more

Epstein Becker & Green

Federal Court Issues Preliminary Injunction to Stop California’s Controversial Anti-Arbitration Law

The California Legislature’s attempt to circumvent both the Federal Arbitration Act (“FAA”) and the Supreme Court’s landmark decision in Epic Systems by crafting a new law prohibiting California employers from requiring...more

Ballard Spahr LLP

Possible Supreme Court Review of California’s “McGill Rule” Moves One Step Closer as Ninth Circuit Stays Mandates in Blair Appeals

Ballard Spahr LLP on

After denying the defendants’ petitions for panel and en banc rehearing in the Blair v. Rent-a-Center appeals, the Ninth Circuit has granted their motions to stay the issuance of the Court’s mandates for 90 days pending the...more

Locke Lord LLP

NLRB Approves Mandatory Arbitration Agreement Rollout During Pending Litigation

Locke Lord LLP on

Last May, in Epic Systems Corp. v. Lewis, 584 U.S. __, 138 S.Ct. 1612 (2018), the United States Supreme Court held that employee agreements waiving workers’ rights to class and collective actions, and requiring individualized...more

Faegre Drinker Biddle & Reath LLP

NLRB Offers Employers Guidance on Imposing Class Action Waivers After Being Sued

On August 14, 2019, the National Labor Relations Board (NLRB) issued a decision in Cordua Restaurants, Inc., 368 NLRB No. 43, expanding upon the U.S. Supreme Court’s Epic Systems v. Lewis ruling last year regarding collective...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

NLRB Clarifies Use of Mandatory Arbitration Post-Epic Systems

On August 14, 2019, the National Labor Relations Board (NLRB) issued a ruling clarifying several mandatory arbitration issues following the 2018 decision by the Supreme Court of the United States in Epic Systems Corp. v....more

Snell & Wilmer

The Trend to Adopt Mandatory Employment Arbitration Programs

Snell & Wilmer on

In recent years, many private sector employers have adopted mandatory arbitration programs for employment disputes, which their employees are required to sign as a condition of employment. Main objectives of those programs...more

Franczek P.C.

NLRB Clarifies Employer Right to Require Mandatory Arbitration Agreements Following Supreme Court’s Epic Systems Decision

Franczek P.C. on

In a significant decision for employers, the National Labor Relations Board (NLRB) provided new guidance addressing the intersection of arbitration agreements and the National Labor Relations Act (NLRA). The NLRB’s recent...more

Hinshaw & Culbertson LLP

NLRB Serves Up Guidance for Restaurants on Mandatory Arbitration Agreements in Post-Epic Systems Era

The National Labor Relations Board (NLRB) recently provided guidance in Cordúa Restaurants, Inc., 368 NLRB No. 43, for employers seeking to require employees to sign class action and collective action waivers in arbitration...more

Ballard Spahr LLP

NLRB: Employers Can Revamp Arbitration Agreements in Response to Collective or Class Action Suits

Ballard Spahr LLP on

The Supreme Court held last year in Epic Systems v. Lewis that mandatory arbitration agreements requiring employees to arbitrate claims against their employer on an individual—rather than on a class or collective—basis are...more

ArentFox Schiff

The National Labor Relations Board Issues Employer-friendly Arbitration Ruling

ArentFox Schiff on

In its groundbreaking decision in Epic Systems Corp. v. Lewis, 584 US ___, 138 S. Ct. 1612 (2018), the Supreme Court held that the National Labor Relations Act permits employer/employee agreements that contain class- and...more

Jackson Lewis P.C.

Supreme Court’s Epic Systems Decision On Arbitration Interpreted Broadly By Labor Board

Jackson Lewis P.C. on

An employer may lawfully issue to its employees a new or revised mandatory arbitration agreement containing a class- and collective-action waiver specifying that employment disputes are to be resolved by individualized...more

Kelley Drye & Warren LLP

NLRB: Employers Win When Their Employees Can’t “Opt-In”

In the first post-Epic Systems decision regarding arbitration agreements, the NLRB has underscored just how pro-arbitration courts and regulators have become. In Cordúa Restaurants, the Board put its stamp of approval on...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Fifth Circuit Rules that Courts, Not Arbitrators, Decide “Gateway Issue” of Class Arbitrability

In 20/20 Communications, Inc. v. Crawford, the U.S. Court of Appeals for the Fifth Circuit recently ruled that the question of whether a dispute can be arbitrated on a class-wide basis is a threshold issue that is...more

Carlton Fields

Considerations for Use of Arbitration Agreements to Curtail Class Claims

Carlton Fields on

May 21, 2019, marks the one-year anniversary of the U.S. Supreme Court’s decision in Epic Systems Corp. v. Lewis, which upheld the use of class action waivers in employee arbitration agreements....more

Partridge Snow & Hahn LLP

One Epic Year Later: Have You Implemented A Mandatory Arbitration Agreement Yet?

A year ago, the United States Supreme Court issued its seminal decision in Epic Systems v. Lewis, which confirmed that employers may use mandatory individual arbitration agreements without fear of the National Labor Relations...more

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