On October 2, 2017, the U.S. Supreme Court heard oral argument in three consolidated cases, each of which involved the issue of whether employees may be required to waive their rights to commence class or collective action proceedings, either in a judicial or arbitral forum, as a condition of employment.
The Supreme Court’s decision is expected to resolve an existing split among the circuit courts on this issue. The three cases are National Labor Relations Board v. Murphy Oil USA Inc., No. 16-307 (a Fifth Circuit case), Epic Systems Corp. v. Lewis, No. 16-285 (a Seventh Circuit case), and Ernst & Young LLP, v. Morris, No. 16-300 (a Ninth Circuit case).