News & Analysis as of

Federal Arbitration Act Supreme Court of the United States Class Action

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. 

The U.S Supreme Court’s Ruling on Arbitration Clauses - What This Means for Businesses

by Poyner Spruill LLP on

On May 21, 2018, the U.S. Supreme Court ruled that arbitration agreements between employees and their employers requiring individual arbitration must be enforced, giving employers the green light to require employees to enter...more

After Epic Systems, Employers Face New Considerations on Arbitration Agreements with Class Waivers

by Shipman & Goodwin LLP on

As I noted earlier this week, the U.S. Supreme Court has approved of the use of class action waivers in arbitration agreements with employees....more

U.S. Supreme Court Upholds Class Arbitration Waivers

The U.S. Supreme Court yesterday decided Epic Systems Corp. v. Lewis, 16-285 (May 21, 2018), upholding employment contract provisions that require employees to arbitrate their disputes with the company individually rather...more

U.S. Supreme Court Permits Employer Use of Class Action Waivers in Employee Arbitration Agreements

In one of its most important employment law decisions in decades, the U.S. Supreme Court has ruled that an employer's use of a class or collective action waiver (class waiver) in a mandatory employment arbitration agreement...more

Supreme Court Upholds Employers’ Use of Class Action Waivers in Arbitration Agreements

by Dechert LLP on

A sharply divided U.S. Supreme Court decided one of the most highly anticipated employment cases in recent years on May 21, 2018, holding in Epic Systems Corporation v. Lewis that the National Labor Relations Act (“NLRA”)...more

US Supreme Court upholds arbitration agreements with class action waivers

by McAfee & Taft on

On Monday, Justice Gorsuch for the United States Supreme Court issued an opinion in Epic Systems Corp v. Lewis, together with two companion cases, upholding the use of class and collective action waivers in arbitration...more

U.S. Supreme Court validates class action waivers in employee arbitration agreements

by Lathrop Gage on

The U.S. Supreme Court has ruled that an employer may include a class action waiver in arbitration agreements with its employees. Thus, an employer may validly require that an employee arbitrate disputes on an individual...more

Great News for Employers: U.S. Supreme Court Upholds Arbitration Class Action Waivers

by Ervin Cohen & Jessup LLP on

On Monday, May 21, 2018, in a 5-4 opinion, the United States Supreme Court issued a long-awaited decision in the case, Epic Systems Corp. v. Lewis, on the issue of the enforceability of class action waivers in arbitration...more

U.S. Supreme Court Approves Use of Class Action Waivers in Arbitration Agreements

by Murtha Cullina on

On Monday, in a 5-4 majority decision in Epic Systems Corp. v. Lewis, No. 16-285, the U.S. Supreme Court found class action waivers in arbitration agreements to be valid and enforceable, settling a long-standing split among...more

Supreme Court rules in favor of class action waivers contained in employee arbitration agreements

The Supreme Court of the United States handed employers a huge win with respect to employee class and collective actions. In Epic Systems Corp v. Lewis, the Court actually resolved three cases—Ernst & Young LLP v. Morris and...more

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

by Shipman & Goodwin LLP on

On May 21, 2018, the U.S. Supreme Court issued a decision that upheld an arbitration clause requiring employees to arbitrate their claims in lieu of participating in a class action. In issuing its decision, the Supreme Court...more

What’s Next for Employers After Epic Decision

by Nilan Johnson Lewis PA on

The U.S. Supreme Court gave a huge win to employers on May 21, 2018, in its much-anticipated decision in Epic Systems Corp. v. Lewis, upholding the validity of arbitration agreements that require employees to arbitrate claims...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

Epic Win: Supreme Court Saves Employment Arbitration As We Know It

by Fisher Phillips on

To the relief of employers across the country, the Supreme Court today ruled in a 5-to-4 decision that class action waivers in employment arbitration agreements do not violate the National Labor Relations Act (NLRA) and are,...more

A Class Waiver Can Be A Condition Of Employment

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In one of the most significant employment cases in memory, a sharply divided United States Supreme Court held today that employers may require employees, as a condition of employment, to enter into...more

Supreme Court Issues Pro-Employer Ruling on Class Action Waiver Issue

On May 21, 2018, the Supreme Court of the United States settled the contentious class action waiver issue that has riled courts for the past six years. In a 5-4 opinion, the Court upheld class action waivers in arbitration...more

The Supreme Court Will Soon Weigh in on Class Arbitration and Cy Pres Issues

The U.S. Supreme Court has decided to hear two important cases next year involving important issues for class action lawyers and the clients they serve. In Lamps Plus Inc. v. Varela, the Supreme Court will decide “whether...more

BREAKING: In “Epic” Decision, Supreme Court Approves of Employer Use of Class Action Waivers in Arbitration Agreements

by Shipman & Goodwin LLP on

In an important 5-4 decision, the U.S. Supreme Court this morning held, for the first time, that class or collective action waivers, particularly in wage/hour cases, and contained in arbitration agreements between employers...more

The Supreme Court - April 30, 2018

by Dorsey & Whitney LLP on

Today the Supreme Court granted certiorari in three cases: Frank v. Gaos, No. 17-961: Whether, or in what circumstances, a cy pres award of class action proceeds that provides no direct relief to class members supports...more

2017-18 Supreme Court Update

In the 2017-18 term, the U.S. Supreme Court will decide a number of potentially significant disputes relevant to businesses, including those involving constitutional protections, class actions and other corporate liability...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

Murphy’s Law: Will the Supreme Court End Employment Contract Arbitration Clauses?

Can you prevent employees from pursuing class actions if you have the right employment agreement? Employment agreements routinely include arbitration clauses that require employees to waive their right to pursue work-related...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

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