Are Class Action Waivers in Arbitration Agreements Valid? YES! Does Your Company Want to Adopt Them? MAYBE!
On May 21, 2018, in a 5-4 majority decision in Epic Systems Corp. v. Lewis, No. 16-285, the U.S. Supreme Court found class action waivers in arbitration agreements to be valid and enforceable, settling a long-standing split among federal courts of appeals.
The decision broadly affirms that class action waivers are enforceable regardless of the nature of an employee's claim, even if the claim is brought pursuant to an employment statute that explicitly provides for a class action. This includes all employment related federal and state class action matters including wage and hour disputes, pay equity and harassment claims, disability, and other discrimination claims.
When you subscribe to the blog, we will send you an e-mail when there are new updates on the site so you wouldn't miss them.