News & Analysis as of September 21, 2024

Epic Systems Corp v Lewis

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The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed members, who are charged with overseeing union elections and hearing complaints of unfair labor practices under the NLRA. less -

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

Ervin Cohen & Jessup LLP on 5/23/2018

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

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

Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/21/2018

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

Supreme Court Appears Split on Class Action Waivers in Employee Arbitration Agreements

Baker Donelson on 10/17/2017

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

The Supreme Court Hears Argument to Decide Whether Class-Action Waivers in Employment Arbitration Agreements Are Enforceable

K&L Gates LLP on 10/13/2017

Employers that have class- or collective-action waivers in their employee arbitration agreements (or are contemplating implementing them) need not wait much longer for the U.S. Supreme Court to decide whether such waivers are...more

Future of Class Action Waivers: The Supreme Court Hears Oral Argument

Ogletree, Deakins, Nash, Smoak & Stewart,... on 10/3/2017

On October 2, 2017, the Supreme Court of the United States heard oral argument in three consolidated cases that will decide the future of class action waivers in the employment context. These cases—National Labor Relations...more

Supreme Court Hears Argument On Validity Of Class Action Waivers In Employment Arbitration Agreements

Jackson Lewis P.C. on 10/3/2017

The United States Supreme Court heard a one-hour consolidated oral argument in three arbitration cases involving the intersection of the National Labor Relations Act and the Federal Arbitration Act on October 2, 2017. Epic...more

Are Class Action Waivers Enforceable?

Carlton Fields on 2/14/2017

The Supreme Court granted petitions for certiorari in three lawsuits challenging the legality of arbitration agreements that bar workers from pursuing class actions. The Court consolidated the cases, Murphy Oil USA Inc., Epic...more

Worth the Wait?: SCOTUS to Hear Argument on Enforceability of Class Action Waivers in Employment Contracts in 2017 Term

Carlton Fields on 2/13/2017

As we previously reported, the Supreme Court granted petitions for certiorari in three lawsuits challenging the legality of arbitration agreements that bar workers from pursuing class actions. The Court consolidated the...more

U.S. Supreme Court to Decide Class Action Waiver Divide

Sheppard Mullin Richter & Hampton LLP on 1/24/2017

On January 13, 2017, the United States Supreme Court consolidated and granted review of the three following cases involving the legality of arbitration agreements which contain class action waivers: National Labor Relations...more

Supreme Court Grants Certiorari In Three Class Arbitration Waiver Cases Amidst Developing Federal Circuit Split

Carlton Fields on 1/24/2017

The Supreme Court will hear argument on whether arbitration provisions in employment agreements which waive class actions are a violation of the National Labor Relations Act (“NLRA”). The three cases are as follows...more

SCOTUS To Decide Class Action Waivers

Sherman & Howard L.L.C. on 1/17/2017

The Supreme Court has agreed to resolve the simmering dispute between the NLRB and (essentially all) employers over class action waivers. The NLRB has maintained in a number of cases that employers may not enforce arbitration...more

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