News & Analysis as of

Federal Arbitration Act Supreme Court of the United States

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. 

Major Win for Employers: Supreme Court Approves Class Action Waivers in Arbitration Agreements

by Lane Powell PC on

On May 21 the U.S. Supreme Court ruled that employers can require employees to resolve their disputes via individual arbitration. The Court’s 5-4 decision is an important victory for businesses, in that it allows employers to...more

Supreme Court Delivers a Win for Employers, Upholds Employment Agreements Requiring Arbitration

by Perkins Coie on

In Epic Systems Corp. v. Lewis, __ U.S. __ (2018), the United States Supreme Court upheld an employment contract provision that requires employees to individually arbitrate any disputes with the employer. In a 5-4 opinion...more

Supreme Court Extends Class Action Waivers To Employee/Employer Contracts

by Foley & Lardner LLP on

The Supreme Court yesterday extended its arbitration-friendly precedent holding in Epic Systems Corporation v. Lewis that the National Labor Relations Act (NLRA) does not prohibit employers and employees from agreeing to...more

Supreme Court Upholds Lawfulness of Class and Collective Action Waivers in Arbitration Agreements

Monday, the Supreme Court held in Epic Systems Corp. v. Lewis that class and collective action waivers in arbitration agreements are lawful and must be enforced under the Federal Arbitration Act (FAA). The Court reasoned that...more

An Epic Win for Employers Across the Nation: What Employers Should Do To Avail Themselves of the Benefits of the New U.S. Supreme...

by Partridge Snow & Hahn LLP on

In a 5-4 decision this week, the Supreme Court ruled in Epic Systems v. Lewis that class action waivers in employer/employee arbitration agreements are as lawful and enforceable as any other contract. The Court’s decision...more

Supreme Court Upholds Class Action Waivers in Employment Arbitration Agreements

In recent years, many employers have required their employees to agree that any disputes relating to their employment, including challenges to the termination of their employment, must be submitted to arbitration instead of...more

FAA And NLRA: Can't We All Just Get Along?

by Lewitt Hackman on

On Monday, the U.S. Supreme Court issued a long-awaited decision confirming the enforceability of class action waivers in employment arbitration agreements....more

U.S. Supreme Court Rules That Class Action Waivers Are Enforceable

by Akerman LLP on

Employers may require employees to enter into arbitration agreements that waive such employees’ ability to participate in a class or collective action lawsuit, the U.S. Supreme Court ruled this week. In a long-awaited...more

U.S. Supreme Court Delivers an Epic Decision for Employers

by Wilson Elser on

On May 21, 2018, Justice Gorsuch delivered a 5-4 opinion for the U.S. Supreme Court holding that arbitration agreements containing class and collective action waivers must be enforced pursuant to the Federal Arbitration Act...more

The Potential Impact of Supreme Court's Epic Systems Decision on ESOPs

by Holland & Knight LLP on

• Although the Supreme Court's recent decision in Epic Systems Corp. v. Lewis was not a case under the Employee Retirement Income Security Act of 1974 (ERISA), the Court's analysis indicates that it would likely reject an...more

Can Employees Agree to Arbitration and Give Up Their Right to Bring Class Actions? Yes, Says Supreme Court

by Zuckerman Spaeder LLP on

Companies and individuals frequently enter into arbitration agreements requiring that claims be brought before a private arbitrator, rather than a judge and jury. Arbitration has various benefits: it can provide quicker...more

The Ending Was Epic – United State Supreme Court Upholds Employee Class Action Waivers

by Butler Snow LLP on

In a much anticipated opinion, the United States Supreme Court held on May 21, 2018, that arbitration agreements that waive an employee’s right to resolve claims through class or collective action are enforceable. Epic...more

U.S. Supreme Court Upholds Class Action Waivers in Arbitration Agreements

by Ropes & Gray LLP on

On May 21, 2018, the U.S. Supreme Court held by a 5-4 majority in Epic Systems Corp. v. Lewis that an employer can lawfully require an employee to waive the right to bring a class or collective action, as part of an agreement...more

Does This Arbitration Agreement Make Me Look Sexist? The Moving Target of Using Arbitration Clauses

The Supreme Court Says Yes to Arbitration and Class Action Waivers - With its 5-4 ruling in Epic Systems Corp. v. Lewis, the Supreme Court delivered a seemingly big win for employers. The Supreme Court held that employees’...more

Supreme Court Decision Impacting Class and Collective Action Waivers in Employment Arbitration Clauses

• Class and collective action waivers in arbitration agreements are enforceable under the FAA and not prohibited by the NLRA. • The NLRA concerns labor organizing and collective bargaining, but does not extend more...more

Supreme Court to Regulators: You Can’t Trump the Federal Arbitration Act

In a 5-4 decision along ideological lines, the Supreme Court has upheld a controversial tool used by employers to stop class action lawsuits before they start: contractual provisions requiring employees to bring individual...more

The Supreme Court’s decision in Epic Systems: Holdings and Hints on Chevron Deference

The decision this week of the Supreme Court of the United States in Epic Systems Corporation v. Lewis will likely prove important on issues other than the arbitration of labor disputes. An extended passage in the opinion...more

In Epic Case, Supreme Court Reverses NLRB Course on Class Action Waivers

by White and Williams LLP on

On May 21, 2018, the United States Supreme Court upheld the validity of mandatory arbitration clauses that preclude class actions. In Epic Systems Corporation v. Lewis, the Court found that these mandatory arbitration...more

A Win for Employers: US Supreme Court Rules Class Waivers Are Lawful

by Latham & Watkins LLP on

The Supreme Court clarified that employers who maintain or adopt arbitration agreements with class waivers may avoid class action wage and hour lawsuits, clearing the way for employers to reduce potential exposure. The US...more

U.S. Supreme Court Rules That Class Action Waivers Are Enforceable

by Akerman LLP - HR Defense on

Employers may require employees to enter into arbitration agreements that waive such employees’ ability to participate in a class or collective action lawsuit, the U.S. Supreme Court ruled this week. ...more

Supreme Court Okays Class Action Waivers in Employee Arbitration Agreements

by 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

Supreme Court Affirms Class Action Waivers In Employment Arbitration Agreements

by Pierce Atwood LLP on

Since the Federal Arbitration Act’s (FAA) enactment in 1925, parties have sparred over the enforceability of arbitration agreements in a number of contexts. ...more

Supreme Court clears the way for employers to use arbitration agreements to constrain class actions—but is arbitration right for...

by Dentons on

On Monday, a sharply-divided U.S. Supreme Court upheld the enforceability of employment agreements that bar class actions by mandating individualized arbitration. This ruling has significant ramifications that every employer...more

Mandatory Employment Arbitration Programs – Practical Considerations In Light of Supreme Court’s Epic Decision

by Miller & Martin PLLC on

On May 21, the U.S. Supreme Court, by a 5 to 4 vote, upheld employers’ use of pre-dispute mandatory arbitration agreements with class action waivers. As promised, we are following up with more thoughts on practical...more

SCOTUS Green Lights Class Action Waivers in Major Win for Employers

by Hinshaw & Culbertson LLP on

The United States Supreme Court ruled earlier this week that employees must submit claims to arbitration on an individualized basis when their employment agreements require it, even when those claims could be brought as class...more

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