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ARTICLE · 24 MAY 2018

An Epic SCOTUS Decision On Class Action Waivers

Duane Morris LLP
Duane Morris LLP
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Some describe this as a big win for employers.

United StatesEmployment and HR
Jonathan Segal
Jonathan Segal
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I am pleased to share my latest article, written for Philadelphia Business Journal, on a recent ruling of the U.S. Supreme Court.

By a 5-4 vote authored by Justice Neil Gorsuch, the U.S. Supreme Court held in Epic Systems Corp. v Lewis that the National Labor Relations Act does not prohibit employers from using arbitration clauses in employment contracts to prevent workers from filing class actions over workplace issues.

Some describe this as a big win for employers. I think it can be described more accurately as an opinion that creates a decision point for employers.

As a purely legal matter, some employers may prefer one class claim before a judge than the specter of a large number of individual claims before an arbitrator.

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