About the Program
On May 21st, the United States Supreme Court upheld mandatory arbitration agreements prohibiting employees from bringing employment claims on a class or collective basis. This long-awaited decision, Epic Systems Corp. v. Lewis, resulted from a split among several federal circuits, some holding that class and collective action waivers violated the National Labor Relations Act (“NLRA”) and others holding that the Federal Arbitration Act (“FAA”) trumped the NLRA. In determining that the NLRA “says nothing about how judges and arbitrators must try legal disputes that leave the workplace and enter the courtroom or arbitral forum,” the Court made clear that an employer may require that employment disputes be arbitrated only on an individualized basis. For those employers who are using arbitration provisions already, the decision is a welcome relief to the uncertainty created by the federal circuits. Nevertheless, the Epic decision leaves many questions unanswered, not the least of which is whether and how to use arbitration agreements in the employment context?
Join FordHarrison partners Jeff Mokotoff and Rick Warren as they discuss the Epic decision, the likely results from the decision, and also explore the use of jury waivers and collective/class action waivers outside the context of arbitration.
Continuing Education
Registration
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