Dissecting the Supreme Court's Rejection of Labor Law Challenges to Employment Arbitration Agreements

Event Details
June 2018
11:00 AM - 12:00 PM ET

On May 21, 2018, the U.S. Supreme Court decided Epic Systems Corp. v. Lewis, which upheld the validity of class action waivers in employment arbitration agreements. The decision resolved a longstanding circuit split that pitted the Federal Arbitration Act (FAA) against the National Labor Relations Act. It was also the first major substantive opinion by Justice Neil Gorsuch.

During this webinar, we will discuss the following topics:

  • Should employers who do not presently have an arbitration provision in their employment contracts now implement a dispute resolution program and, if so, how can they bind existing employees?

  • What changes, if any, should be made to existing employment arbitration provisions?

  • Might Congress seek to enact legislation banning or regulating the use of arbitration provisions in employment contracts and, if so, what will the timing be?

  • What steps might union leaders and workers’ rights advocates take in reaction to the decision?

  • Will employers now be bombarded with huge numbers of individual arbitration filings and, if so, what strategies might they use to deal with them?

  • What effect will the decision have on efforts by state legislators and state attorneys general to make sexual harassment claims non-arbitrable?

  • In California and perhaps other states, can employees blunt the effect of Epic by asserting claims for public injunctive relief?

  • How might the decision affect arbitration provisions in consumer financial services agreements and arbitration agreements used in other industries?

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