News & Analysis as of

The National Labor Relations Act Class Action Murphy Oil v NLRB

The National Labor Relations Act is a United States federal statute enacted in 1935 to prevent labor strife by encouraging collective bargaining, protecting concerted activity and curtailing certain unfair labor... more +
The National Labor Relations Act is a United States federal statute enacted in 1935 to prevent labor strife by encouraging collective bargaining, protecting concerted activity and curtailing certain unfair labor practices by private sector managament and labor.  less -
Spilman Thomas & Battle, PLLC

The Case for Class - Class Action Waivers in Arbitration Agreements

Last month, in Epic Systems Corp. v. Lewis, the Supreme Court of the United States decided class action waivers in employment arbitration agreements do not violate the National Labor Relations Act (“NLRA”). A class action...more

Fisher Phillips

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

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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

Esquire Deposition Solutions, LLC

Employment Agreements that Prevent Class Action Litigation Deemed Legal

An extremely close 5-4 ruling in the U.S. Supreme Court confirmed that employment agreements that state employees must give up their rights to pursue class action claims are legal. The issue reached the Supreme Court from the...more

Jaburg Wilk

Epic Win for Employers on Individual Arbitration Agreements

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The U.S. Supreme Court has ruled that employers may require their employees to resolve wage and hour disputes through one-on-one arbitration instead of through class actions. In Epic Systems Corp. v. Lewis, the Supreme Court...more

Smith Anderson

Supreme Court Holds Class Action Waivers in Arbitration Agreements are Enforceable - a Victory for Employers

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The U.S. Supreme Court held on May 21 that class action waivers in employment arbitration agreements are enforceable. This is a major victory for employers. ...more

Farella Braun + Martel LLP

Supreme Court Rules That Employees Can Waive Class Action Rights Through Arbitration Agreements

On May 21, 2018, the United States Supreme Court ruled in Epic Systems Corp. v. Lewis that arbitration agreements containing class action waivers are enforceable under the Federal Arbitration Act. 584 U.S. ___ (Dkts. 16-285,...more

BCLP

Supreme Court Upholds Class Action Waivers

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On May 21, the United States Supreme Court held that mandatory arbitration agreements containing class action waivers are to be enforced as written. In Epic Systems Corp. v. Lewis, a trio of consolidated appeals, the Court...more

Latham & Watkins LLP

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

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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

Jackson Walker

Supreme Court Okays Class Action Waivers in Employee Arbitration Agreements

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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

Epiq

SCOTUS Ruling has Far-Reaching Effects on Employment Litigation and Class Action

Epiq on

On Monday, May 21, the Supreme Court, in a 5-4 decision, ruled that companies can use arbitration clauses in employment contracts to prohibit workers from banding together to bring class action suits over workplace issues....more

Poyner Spruill LLP

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

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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

Obermayer Rebmann Maxwell & Hippel LLP

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

Wilson Sonsini Goodrich & Rosati

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

Dechert LLP

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

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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

McAfee & Taft

US Supreme Court upholds arbitration agreements with class action waivers

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

Lathrop GPM

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

Lathrop GPM 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

Eversheds Sutherland (US) LLP

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

Nilan Johnson Lewis PA

What’s Next for Employers After Epic Decision

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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

Spilman Thomas & Battle, PLLC

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

Proskauer - Law and the Workplace

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

Payne & Fears

United States Supreme Court Upholds Class Action Waivers in Arbitration Agreements

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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

Fisher Phillips

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

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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

Mintz - Arbitration, Mediation, ADR...

Whiplash: When a Court Finds That the Parties’ Claims Are Within the Scope of a Valid Arbitration Agreement, But It Will Not...

Is there such a thing as an arbitration joke? Here is a test. Two plaintiffs walk into a court, claiming that each was wrongfully terminated by a bank (UBS). The bank moves to compel arbitration by plaintiff one; and it moves...more

Skadden, Arps, Slate, Meagher & Flom LLP

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

Moore & Van Allen PLLC

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

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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

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