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Supreme Court of the United States Ernst & Young v Morris

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Partridge Snow & Hahn LLP

One Epic Year Later: Have You Implemented A Mandatory Arbitration Agreement Yet?

A year ago, the United States Supreme Court issued its seminal decision in Epic Systems v. Lewis, which confirmed that employers may use mandatory individual arbitration agreements without fear of the National Labor Relations...more

Payne & Fears

Employment Law Developments and Trends in 2018 for Nevada Employers

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Employment law is a dynamic practice area in which new law develops each year. Last year was no exception. This article, originally published in Nevada Lawyer by Matthew L. Durham and Chad D. Olsen, discusses notable...more

Brooks Pierce

Supreme Court Approves Arbitration Agreement Class Action Bar

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Many United States companies use arbitration agreements requiring employees to arbitrate employment claims instead of bringing them before a state or federal court. Many of these agreements are required by the employer as a...more

Fisher Phillips

SCOTUS Feeds Cake To Employers - Workplace Law Review Of 2017-2018 Term

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Pick a favorite flavor, abandon all beach body goals, and disregard whether it’s anyone’s birthday: the 2017-2018 Supreme Court term saw employers having their cake and eating it, too (with only a few minor exceptions)....more

Polsinelli

Class Action Waivers: The Law of Unintended Consequences

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In light of the U.S. Supreme Court’s decision in Epic Systems Corp. v. Lewis that class action waivers in arbitration agreements are enforceable, employers have been rejoicing. However, is their excitement misplaced? ...more

Baker Donelson

Supreme Court Roundup: A Look Back – and Ahead – for Employment Law

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As the Supreme Court ended its 2017-18 Term, Justice Anthony Kennedy announced his resignation; the Court did away with "agency fees" for public employees; and in other decisions favorable to employers, the Court solidified...more

Holland & Hart - Employers' Lawyers

FAQs About Implementing Arbitration Agreements and Class Action Waivers

In late May, the U.S. Supreme Court ruled that arbitration agreements between an employer and an employee to resolve employment disputes through one-on-one arbitration do not violate the National Labor Relations Act (NLRA)....more

Littler

Supreme Court Year in Review: Union Agency Fees, Travel Restrictions, and the Retirement of Justice Kennedy

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The U.S. Supreme Court closed out its most recent term, which began in October 2017, with a number of high-profile and ground-breaking decisions. ...more

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

A&O Shearman

Hot Topics: Enforceability Of Arbitration Provisions In Employment Agreements

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On May 21, 2018, in a 5-4 decision, the United States Supreme Court held, in Epic Systems Corp. v. Lewis, that arbitration clauses in employment contracts requiring individualized proceedings are enforceable and thereby...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

Kelley Drye & Warren LLP

When Arbitration is in Play, Class Action is off the Table

In the decision rendered by the Supreme Court in Epic Systems Corp. v. Lewis, employers are able to enforce individual arbitration proceedings if arbitration was agreed to in an employment contract. Settling a Circuit split...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

Davis Wright Tremaine LLP

U.S. Supreme Court Upholds Class Action Waivers in Arbitration Agreements: What Now?

You already know that on May 21, 2018, the U.S. Supreme Court issued a 5-4 decision in Epic Systems. The Court’s long-awaited decision finally and conclusively establishes that class waivers in arbitration agreements between...more

Pillsbury Winthrop Shaw Pittman LLP

Supreme Court Rescues the Collective Action Waiver in Employee Arbitration Agreements - Epic Systems v. Lewis resolves a circuit...

The U.S. Supreme Court held that arbitration agreements governed by the Federal Arbitration Act (FAA) may lawfully prohibit collective and class actions in employment disputes. State laws, such as the California Private...more

PilieroMazza PLLC

Worried About Class Actions? SCOTUS Recently Handed Employers a Hall Pass.

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Last week, the U.S. Supreme Court held in Epic Systems v. Lewis that employers may, as a condition of employment, require employees to sign arbitration agreements containing class action waivers. The Court rejected the NLRB’s...more

K&L Gates LLP

It’s Epic: Supreme Court Approves Class-Action Waivers in Employment Agreements

K&L Gates LLP on

The U.S. Supreme Court has again emphasized that parties to arbitration agreements have great latitude in structuring their agreements, including the ability to require bilateral — as opposed to class — arbitration. ...more

Morrison & Foerster LLP

Employment Law Commentary, Volume 30, Issue 5: What the Supreme Court’s “Epic” Decision Means for Employers

On May 21, 2018, the United States Supreme Court issued its decision in Epic Systems Corp. v. Lewis, holding that waivers of class and collective actions in arbitration agreements are enforceable under the Federal Arbitration...more

Moore & Van Allen PLLC

A Split U.S. Supreme Court Upholds Class Waivers in Individual Employment Agreements, Highlighting the Role of Congress in the...

Moore & Van Allen PLLC on

The viability of class waivers in employment agreements has been a closely watched battle in the courts since the National Labor Relations Board (NLRB) ruled in D. R. Horton, Inc. and Michael Cuda, Case 12–CA–25764, 357 NLRB...more

King & Spalding

Supreme Court Rules Employee Arbitration Provisions Requiring Individualized Proceedings Are Enforceable

King & Spalding on

On May 21, 2018, the Supreme Court of the United States ruled that, pursuant to the Federal Arbitration Act (FAA), mandatory arbitration agreements with employees requiring individualized arbitration actions for disputes with...more

Fox Rothschild LLP

The Epic Systems Case—Note To Employers—Don’t Wish For Something Because You May Get It!

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We have experienced a watershed change in the law this week and its ripples will move outward in ever widening circles for years to come. This is, naturally, the decision in Epic Systems Corp. v. Lewis (one of a trio of...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

Harris Beach PLLC

SCOTUS Union Decision: Can We Read the Tea Leaves?

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While many MuniBlog readers may be waiting on a decision in Janus v. American Federation of State, Municipal, and County Employees, on May 21 the Supreme Court rendered a decision in Epic Systems Corp. v. Lewis should not be...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

Cozen O'Connor

Supreme Court Reaffirms Use of Arbitration Agreements

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Last week, the U.S. Supreme Court handed down a decision affirming the enforceability of those arbitration agreements in employment that prohibit collective actions; a decision that could significantly alter the landscape of...more

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