On May 21, the Supreme Court decided Epic Systems v. Lewis; a consolidated case with Ernst & Young, LLP, et al. v. Morris, et al. and NLRB v. Murphy Oil USA, Inc., et al. affirming the enforceability of Class Action Waivers contained within arbitration agreements governed by the Federal Arbitration Act (“FAA”) against employees covered by the National Labor Relations Act (“NLRA”). These two federal statutes had been on a collision course for some time: the FAA mandates enforcement of arbitration agreements according to their terms, including terms that specify with whom parties choose to arbitrate their disputes; the NLRA protects non-supervisory employees’ rights to engage in certain concerted activities. Christopher Murray of Ogletree, Deakins joins us to discuss this important 5-4 decision.
Featuring:
Christopher C. Murray, Shareholder, Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Teleforum calls are open to all dues paying members of the Federalist Society. To become a member, sign up here. As a member, you should receive email announcements of upcoming Teleforum calls which contain the conference call phone number. If you are not receiving those email announcements, please contact us at 202-822-8138.