Business As Usual For Employers After Epic Systems Opinion
By Veronica Gray and Allison Callaghan ( May 23, 2018, 3:35 PM EDT) -- In a long-awaited decision and a resounding victory for employers, the U.S. Supreme Court upheld, once more, the enforceability of mandatory class action waivers in employment agreements. In a 25-page majority opinion delivered by Justice Neil Gorsuch, and joined by Chief Justice John Roberts and Justices Anthony Kennedy, Clarence Thomas and Samuel Alito, the Supreme Court ruled that the Federal Arbitration Act directs that arbitration agreements be enforced according to their terms, including any provisions prohibiting collective litigation. Justice Gorsuch wrote that the "policy may be debatable but the law is clear: Congress has instructed that arbitration agreements like those before must be enforced as written. While Congress is of course always free to amend this judgment, we see nothing suggesting it do so in the [National Labor Relations Act] — much less that it manifested a clear intention to displace the [FAA]."...
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