News & Analysis as of

Federal Arbitration Act Supreme Court of the United States Arbitration Agreements

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. 

U.S. Supreme Court Affirms (Again) the Validity of Class Action Waivers In Employment Arbitration Agreements

by Dorsey & Whitney LLP on

In a widely anticipated decision, the United States Supreme Court issued a 5-4 decision today in Epic Systems Corp. v. Lewis; Ernst & Young LLP v. Morris; and National Labor Relations Board v. Murphy Oil USA, Inc., upholding...more

Supreme Court Upholds Arbitration Clauses in Employment Agreements

On May 21, 2018, in three cases in which employees sought to pursue collective claims against Epic Systems Corp., Ernst & Young, LLP, and Murphy Oil USA, Inc. for alleged violations of the National Labor Relations Act, the...more

Supreme Court Validates Employer’s Right to Require Class and Collective Action Waivers in Employment-Related Arbitration...

by Liskow & Lewis on

The United States Supreme Court ruled today that contracts requiring individualized arbitration of employment-related disputes are enforceable and do not violate Section 7 of the National Labor Relations Act (NLRA)....more

Employers May Include Class Waivers in Arbitration Agreements

by Burr & Forman on

Since January 2012, employers nationwide have had to grapple with uncertainty about whether they can include class-action or collective-action waivers in their employment-arbitration agreements. Today, the U.S. Supreme Court...more

Arbitration Agreements Waiving Class Actions Do Not Violate the NLRA, Rules Supreme Court

The U.S. Supreme Court ruled today that arbitration agreements requiring that an employer and an employee resolve any employment disputes through one-on-one arbitration do not violate the National Labor Relations Act (NLRA)....more

Supreme Court Finds in Favor of Employment Arbitration Clauses

by Franczek Radelet P.C. on

On Monday, the Supreme Court issued an opinion regarding the validity of arbitration clauses in individual employment contracts. The decision, referred to here as “Epic Systems,” consolidated three separate cases-- Epic...more

Supreme Court Ends the Debate and Upholds Class Action Waivers

by Foley & Lardner LLP on

Welcome news for many employers rolled out of Washington, D.C. earlier this morning. The Supreme Court has ended a long-running debate over the enforceability of arbitration agreements with class action waivers in the...more

SCOTUS Holds that Class Action Waivers in Employment Contracts Must be Enforced

In a landmark decision, the U.S. Supreme Court has ruled 5-4 that arbitration clauses in employment contracts requiring individual dispute resolution procedures and prohibiting class actions and other collective litigation...more

U.S. Supreme Court’s Epic Decision Validates Class Action Waivers

by Genova Burns LLC on

On May 21 the U.S. Supreme Court resolved the question whether the National Labor Relations Act prevents an employer from enforcing an employee’s contractual waiver of the right to sue the employer on a class or collective...more

Hogan Lovells Scores Major Win for employers in U.S. Supreme Court case Epic Systems Corp. v. Lewis

by Hogan Lovells on

Washington, D.C., 21 May 2018 – Hogan Lovells, in conjunction with several other law firms, secured a major Supreme Court victory today in Epic Systems Corp. v. Lewis, a landmark case preserving the right of employers to...more

Supreme Court Holds Class Action Waivers Are Legal: Should You Review Your Onboarding Documents?

The Supreme Court of the United States today greatly enhanced employers' ability to restrict their employees' ability to bring class actions against them. In Epic Systems v. Lewis, the Court, in a 5-4 decision, combined three...more

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

United States Supreme Court Upholds Class Action Waivers in Arbitration Agreements

by Payne & Fears on

On May 21, 2018, the United States Supreme Court held, in a 5-4 decision, that arbitration agreements which mandate individualized resolution of claims (as opposed to class or collective resolution) are enforceable under the...more

U.S. Supreme Court's Watershed Decision Preserves Arbitration Agreements, for Now - Dissent Encourages Legislature to Attempt to...

by FordHarrison on

Yesterday, the Supreme Court, in a strongly divided 5-4 ruling, upheld mandatory arbitration agreements prohibiting employees from bringing employment claims on a class or collective basis. ...more

Significant Victory for Employers: Supreme Court Upholds Class Action Waivers in Arbitration Agreements

In a significant win for employers, the United States Supreme Court has issued a landmark decision upholding the use of class action waivers in employment arbitration agreements. This ruling permits employers across the...more

Justice Gorsuch Delivered . . . A Win For Class Arbitration Waivers

SCOTUS finally delivered its decision today in Epic Systems Corp. v. Lewis, the consolidated case that addresses whether employers can require employees to give up their right to class or consolidated litigation as part of an...more

United States Supreme Court Validates Class and Collective Action Waivers in Arbitration Agreements

by Polsinelli on

In a 5-4 decision in Epic Systems Corp. v. Lewis, No. 16-285, the United States Supreme Court upheld the use of class and collective actions waivers in arbitration agreements. Employers nationwide may require employees to...more

Breaking News: Supreme Court Upholds Employment Class Action Waivers

On May 21, 2018, in a significant decision for employers nationwide, a divided United States Supreme Court held in a trio of cases that employers may require employees—as a condition of employment—to enter into arbitration...more

Supreme Court Reverses NLRB, Rules Individual Arbitration Agreements Enforceable

The Supreme Court of the United States held today that arbitration agreements, which waive the right to proceed as part of a class or collective action, are enforceable in the employment context. ...more

Supreme Court Upholds Class- And Collective-Action Waivers

by Sherman & Howard L.L.C. on

The law has long permitted employers to require employees to sign arbitration agreements waiving their right to sue in court and waiving their right to a jury. With the steady rise in costly multi-plaintiff litigation,...more

The United States Supreme Court Provides Another Arrow for Employers' Quivers

by Taylor English Duma LLP on

On May 21, 2018, the United States Supreme Court continued its work in evening the playing field for employers under the Fair Labor Standards Act (“FLSA”). In Epic Systems Corp. v. Lewis, the Court held that arbitration...more

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

by Littler on

The Supreme Court has weighed in: class and collective action waivers in arbitration agreements are lawful and must be enforced under the Federal Arbitration Act (FAA). ...more

Supreme Court: Class Action Waivers In Employment Arbitration Agreements Do Not Violate Federal Labor Law

by Jackson Lewis P.C. on

Class action waivers in employment arbitration agreements are enforceable under the Federal Arbitration Act (FAA), the U.S. Supreme Court has held in a much-anticipated decision in three critical cases. Epic Systems Corp. v....more

Supreme Court Rules Class Action Waivers In Employment Arbitration Agreements Valid

by Jackson Lewis P.C. on

Class action waivers in employment arbitration agreements do not violate federal law, the U.S. Supreme Court has ruled in a much-anticipated decision in three critical cases. Epic Systems Corp. v. Lewis, No. 16-285; Ernst &...more

In major win for employers, Supreme Court rules that they can bar employees from bringing class-action lawsuits

by Locke Lord LLP on

In a massive win for employers across the country, the U.S. Supreme Court has ruled that employers now have the green light to use class action waivers in their employment contracts. Today, the Court held in a 5-4 ruling that...more

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