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The New Epic Considerations for Employers & Arbitration Provisions

June 15, 2018

In Epic Systems Corp. v. Lewis (— S. Ct. —, May 21, 2018, J. Gorsuch) (J. Ginsburg, dissenting) (“Epic), the United States Supreme Court issued a decision significant for all employers seeking strategies to avoid protracted and potentially business-ending class and collective action litigation under the Fair Labor Standards Act (FLSA), and associated state laws. In part, the decision holds that the presumption in favor of enforcing arbitration agreements under the Federal Arbitration Act (FAA) applies to terms within those agreements requiring individualized, as opposed to class or collective, proceedings and that neither Section 7 of the National Labor Relations Act (NLRA), permitting employees to engage in concerted activities, or the savings clause under the FAA overcome the presumption of enforceability.

Read about it here: Epic Considerations for Employers & Arbitration Provisions

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