News & Analysis as of

Epic Systems Corp v Lewis

The Next Big Thing: Will Employment Agreement Class Action Waivers Clear the U.S. Supreme Court?

by Moore & Van Allen PLLC on

This year important questions regarding the viability of class action waivers in arbitration agreements have moved close to resolution. In July, the Consumer Financial Protection Bureau (CFPB) issued a long-awaited final rule...more

Top Five Labor Law Developments For September 2017

by Jackson Lewis P.C. on

An employer violated the National Labor Relations Act when it discharged an employee who protested an unlawful confidentiality policy, even though the employee protested without the involvement of any coworkers, the U.S....more

“Opt Out” Provisions May Provide Path Forward for Class-Action Waivers in Employment Contracts

by McGuireWoods LLP on

Everyone is talking about the future of class-action waivers in employment arbitration agreements after the Supreme Court launched its new term this month with oral argument in three closely-watched cases—National Labor...more

Supreme Court Appears Split on Class Action Waivers in Employee Arbitration Agreements

by Baker Donelson on

On Monday, October 2, 2017, the U.S. Supreme Court heard oral argument in three cases involving the enforceability of employee arbitration agreements that include class/collective action waivers. Since January when the...more

The Supreme Court Hears Argument to Decide Whether Class-Action Waivers in Employment Arbitration Agreements Are Enforceable

by K&L Gates LLP on

Employers that have class- or collective-action waivers in their employee arbitration agreements (or are contemplating implementing them) need not wait much longer for the U.S. Supreme Court to decide whether such waivers are...more

Beltway Buzz - October, 2017

Tax Reform Gets Under Way; Special Interest Groups Already Bustling.As soon as the Republican-controlled Congress cast aside (however momentarily) its attempts to repeal the Affordable Care Act (ACA) to focus on tax reform,...more

NLRB About-Face Highlights Lack of Reasoning on the Class Action “Right” It Seeks to Assert

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The NLRB has withdrawn the significant concession it offered at oral argument on the nature of the NLRA rights it seeks to assert in the face of employers’ mandatory arbitration programs....more

SCOTUS Weighs Class Action Waivers in Employment Agreements

by Ballard Spahr LLP on

The U.S. Supreme Court heard oral argument yesterday in three cases—NLRB v. Murphy Oil USA, Epic Systems Corp. v. Lewis, and Ernst & Young, et al. v. Morris—to resolve whether arbitration provisions in employment agreements...more

Class Waivers at the Divided Supreme Court: Employers Cautiously Optimistic

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Following oral argument, employers should be cautiously optimistic that the Supreme Court will allow mandatory arbitration programs containing waivers of the ability to bring collective and class actions....more

Oral Argument in Epic Systems Corp. v. Lewis: Class Action Waivers in Employment Agreements

The Supreme Court began its new Term yesterday with oral arguments in cases involving whether arbitration agreements permitting only individual (non-class) arbitrations are enforceable under the Federal Arbitration Act, or...more

Future of Class Action Waivers: The Supreme Court Hears Oral Argument

On October 2, 2017, the Supreme Court of the United States heard oral argument in three consolidated cases that will decide the future of class action waivers in the employment context. These cases—National Labor Relations...more

Supreme Court Hears Argument On Validity Of Class Action Waivers In Employment Arbitration Agreements

by Jackson Lewis P.C. on

The United States Supreme Court heard a one-hour consolidated oral argument in three arbitration cases involving the intersection of the National Labor Relations Act and the Federal Arbitration Act on October 2, 2017. Epic...more

Top SCOTUS Cases Tech Companies Should Watch – Fall 2017 Preview

by Fenwick & West LLP on

The upcoming U.S. Supreme Court term promises to be a big one, featuring a patent case that could be a game changer for many clients and a host of other cases that may affect how tech and life sciences companies deal with...more

Crucial Labor and Employment Issues on the Line in Landmark U.S. Supreme Court Case

Schnader Assesses Landmark Labor Case in U.S. Supreme Court - The U.S. Supreme Court will hear oral argument on Monday, October 2 in Epic Systems Corp. v. Lewis, an important labor and employment case in which Schnader...more

Supreme Court to Hear Oral Argument in October on Enforceability of Employment Class Action Waivers in Arbitration Agreements

In January, we reported that the Supreme Court granted review of three conflicting Court of Appeal decisions to settle the question of whether an agreement requiring that employees resolve employment-related disputes through...more

SCOTUS Puts the Class Action Waiver Issue at the Top of Its Agenda

by Seyfarth Shaw LLP on

Perhaps signaling the importance of the issue for American businesses and jurisprudence, the U.S. Supreme Court? chose the first day of its term beginning in October as the date to set oral arguments in three petitions for...more

New Supreme Court Term to Kick Off With Argument in Class Action Waiver Cases

On July 19, 2017, the Supreme Court of the United States released the October 2017 term’s calendar for oral arguments, including the date it will hear oral argument in the three consolidated class action waiver cases that are...more

DOJ Flips the Switch on Class Waivers in Arbitration Agreements, Signaling Possible Changes to Come

On Friday, June 16, 2017, the United States Department of Justice (DOJ) filed an amicus brief reflecting a change of heart when it comes to the enforceability of class waivers in arbitration agreements. In an unprecedented...more

Class Action Waiver Update: Will a Switch in Time Persuade Nine?

It was no surprise when, on June 16, 2017, numerous business and employer groups (including several represented by Ogletree Deakins) filed over a dozen amicus briefs supporting the employers in the three class action waiver...more

DOJ Changes Position in a Class Waiver Case Pending Before the Supreme Court

by BakerHostetler on

Last Friday, the U.S. Department of Justice (DOJ), in a rare move, changed its position in a class waiver case pending before the U.S. Supreme Court. On Jan. 13, 2017, the Court granted certiorari in three consolidated cases...more

DOJ Now Supports Enforcement of Employment Arbitration Clause

by Benesch on

The U.S. Justice Department has abruptly reversed course in a U.S. Supreme Court case concerning an employment agreement that restricts employees from participating in class and collective lawsuits, arguing that a mandatory...more

Class Action Waiver Update: Ogletree Deakins Files Supreme Court Amicus Brief Supporting Businesses and Employers

On June 16, 2017, Ogletree Deakins filed an amicus brief in the class action waiver cases that are currently before the Supreme Court of the United States: National Labor Relations Board v. Murphy Oil USA, Inc., Epic Systems...more

Department Of Justice Changes Stance On Class Action Waivers In Favor Of Employers

by Jackson Lewis P.C. on

In a fascinating turn of events, the United States Department of Justice (“DOJ”) switched sides in a critical pending Supreme Court case last Friday. The three consolidated cases—National Labor Relations Board v. Murphy Oil...more

Recent Decisions Clarify (Un)Enforceability of Class Action Waivers in Employment Agreements

Companies looking to waive class action rights of employees may instead be waving goodbye to provisions in their employment contracts. Two recent decisions in California—one administrative and one in the 9th Circuit—recently...more

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

by 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

34 Results
|
View per page
Page: of 2
Cybersecurity

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.