News & Analysis as of

Federal Arbitration Act Epic Systems Corp v Lewis Appeals

The Federal Arbitration Act is a United States federal statute enacted in 1925 that governs arbitration in contracts implicating interstate commerce. The Act applies in both federal and state courts. 
Proskauer - California Employment Law

California Court of Appeal Confirms that PAGA Claims Cannot be Compelled to Arbitration

Even after the Supreme Court’s favorable decision in Epic Systems Corp. v. Lewis (“Epic”), California courts will not compel a PAGA claim to arbitration. In Collie v. The Icee Co., a former employee of The Icee Company,...more

Smith Debnam Narron Drake Saintsing & Myers,...

Fifth Circuit Pumps The Brakes On Arbitration

In a recent appeal directly to the Fifth Circuit from a Southern District of Texas Bankruptcy Court, the court affirmed the bankruptcy court’s denial of a motion to compel arbitration. In Henry v. Educational Financial...more

Vedder Price

Class-Wide Arbitration May Not Be Compelled in the Face of an “Ambiguous” Arbitration Agreement

Vedder Price on

In a case with important implications for employers, Lamps Plus, Inc. v. Varela, the United States Supreme Court held that class-wide arbitration may not be compelled pursuant to an arbitration agreement that is ambiguous as...more

Obermayer Rebmann Maxwell & Hippel LLP

Supreme Court Blocks Class-Wide Employment Arbitration Due to Vague Contract Language

Over the past several years, the U.S. Supreme Court has been expanding the enforceability of arbitration agreements and making it easier for employers to keep employment claims out of court. In its landmark Epic Systems...more

Snell & Wilmer

United States Supreme Court Continues Its Trend of Enforcing Individual Employment Arbitration Agreements

Snell & Wilmer on

Approximately one year ago, the United States Supreme Court issued its landmark decision in Epic Systems v. Lewis, 548 U.S. ___ (2018), holding that class action waivers contained in arbitration agreements, including...more

Benesch

California Court Distinguishes U.S. Supreme Court Ruling Reaffirms PAGA Claims Are Not Subject To Mandatory Arbitration/N.J....

Benesch on

Last month, a California Court of Appeal reaffirmed that California’s Private Attorney General Act (“PAGA”) is outside the scope of the Federal Arbitration Act (“FAA”) and the Supreme Court’s 2018 opinion in Epic Systems v....more

McNees Wallace & Nurick LLC

Enforcement Of Inividual Arbitration Agreements – Supreme Court Takes Two Steps Forward And One Step Back

Last year, the Supreme Court of the United States issued a significant decision upholding the use of individual arbitration agreements that include class action waivers. The Epic Systems’ Decision provided clarity to...more

Eversheds Sutherland (US) LLP

Supreme Court strengthens enforceability of arbitration provisions

In his first Supreme Court opinion, Justice Kavanaugh, writing for a unanimous court, held that when a contract delegates to arbitrators gateway questions regarding arbitrability of disputes, courts may not override that...more

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

Seventh Circuit Joins Sister Circuits in Holding That Courts, not Arbitrators, Should Decide the Availability of Class Arbitration

In a matter of first impression before the Seventh Circuit Court of Appeals involving an issue left open by the Supreme Court of the United States, a Seventh Circuit panel issued an opinion on a key threshold question of...more

Fisher Phillips

Epic Ruling Gets 2 Sequels: Court Applies New SCOTUS Standard To Wage And Misclassification Claims

Fisher Phillips on

On the heels of the Supreme Court’s decision earlier this year in Epic Systems Corporation v. Lewis, which held that the National Labor Relations Act (NLRA) does not bar class or collective action waivers in arbitration...more

Fisher Phillips

Web Exclusive - High Court’s Arbitration Ruling Provides Sigh Of Relief For Healthcare Employers

Fisher Phillips on

A few months ago, the Supreme Court ruled in a 5-to-4 decision that class action waivers in employment arbitration agreements do not violate the National Labor Relations Act and are, in fact, fully enforceable. The decision...more

Fisher Phillips

Web Exclusive - June 2018: The Top 18 Labor And Employment Law Stories

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Fisher Phillips

Web Exclusive - May 2018: The Top 14 Labor And Employment Law Stories

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Holland & Knight LLP

Food and Beverage Law Update: June 2018

Holland & Knight LLP on

Wage and Hour - Decision Upholds Class Action Waivers in Arbitration Clauses, Resolves Circuit Split - The U.S. Supreme Court issued a long-awaited decision in Epic Systems Corp. v. Lewis on May 21, 2018, holding that...more

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