March 26, 2019 Feature

Employers Can Enforce Class Action Waivers in Arbitration Agreements

By Daniel C. Gunning

On May 21, 2018, the United States Supreme Court issued a much-anticipated decision concerning the enforceability of class action waivers in employment arbitration agreements. In a 5–4 decision authored by Justice Gorsuch in Epic Systems Corp. v. Lewis, 138 S. Ct. 1612, the Court affirmed the use of class and collective action waivers in employment arbitration agreements under the Federal Arbitration Act (FAA).

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