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You are here: Home / Arbitration / Court Decisions / Arbitration Process Issues / SUPREME COURT GRANTS CERTIORARI IN THREE CLASS ARBITRATION WAIVER CASES AMIDST DEVELOPING FEDERAL CIRCUIT SPLIT

SUPREME COURT GRANTS CERTIORARI IN THREE CLASS ARBITRATION WAIVER CASES AMIDST DEVELOPING FEDERAL CIRCUIT SPLIT

January 24, 2017 by John Pitblado

The Supreme Court will hear argument on whether arbitration provisions in employment agreements which waive class actions are a violation of the National Labor Relations Act (“NLRA”). The three cases are as follows:

In Epic Systems Corp. v. Lewis (USSC 16-285), which we previously reported on June 6, 2016, the Seventh Circuit held a provision of an employment agreement mandating that wage-and-hour claims could be brought only through individual arbitration and that employees waived collective action was prohibited under Section 7 of the NLRA.

In Ernst & Young, et al. v. Morris, et al. (USSC 16-300), which we previously reported on September 12, 2016, the Ninth Circuit similarly held that the waiver in the Ernst & Young employment agreement violated Sections 7 and 8 of the NLRA.

In NLRB v. Murphy Oil USA, Inc., et al. (USSC 16-307), which we previously reported on September 6, 2016, the Fifth Circuit held the opposite, finding that requiring employees to sign arbitration agreements requiring them to resolve employment-related claims through individual arbitration and waiving their rights to pursue a class arbitration to be valid.

The three cases were consolidated and a total of one hour is allotted for oral argument.

This post written by Nora A. Valenza-Frost.

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Filed Under: Arbitration Process Issues, Week's Best Posts

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