Skip to content

Menu

LexBlog, Inc. logo
CommunitySub-MenuPublishersChannelsProductsSub-MenuBlog ProBlog PlusBlog PremierMicrositeSyndication PortalsAboutContactResourcesSubscribeSupport
Join
Search
Close

U.S. Supreme Court to Decide Enforceability of Class Action Waivers in Employee Arbitration Agreements

By Jason J. Kim, Thomas R. Waskom & Andrew J. Peterson on January 17, 2017
Email this postTweet this postLike this postShare this post on LinkedIn

On January 13, 2017, the United States Supreme Court agreed to resolve the question of whether class action waivers in the employment context violate the National Labor Relations Act (“NLRA”). The decision will have far-reaching consequences for retailers who include such waivers in employee arbitration agreements in an effort to limit class action exposure. 

The Supreme Court granted certiorari in three cases—Murphy Oil USA, Inc. v. N.L.R.B., 808 F.3d 1013 (5th Cir. 2015), Lewis v. Epic Sys. Corp., 823 F.3d 1147 (7th Cir. 2016) and Morris v. Ernst & Young, LLP, 834 F.3d 975 (9th Cir. 2016)—from the Fifth, Seventh and Ninth Circuits, respectively. While the Fifth Circuit held that class action waivers in employee arbitration agreements are permissible under the NLRA, the Seventh and Ninth Circuits both went the other way.

But the split reaches beyond those three Circuits. The Second and Eighth Circuits have agreed with the Fifth Circuit’s view that class action waivers in the employee arbitration agreements do not violate the NLRA.

Given the specter of potential exposure that class actions carry, the Supreme Court’s decision will have tremendous implications for retailers and provide them with guidance when managing the risks associated with employee agreements. Hunton & Williams LLP will continue to monitor this case.

  • Posted in:
    Corporate & Commercial
  • Blog:
    Hunton Retail Law Resource
  • Organization:
    Hunton Andrews Kurth LLP
  • Article: View Original Source

LexBlog, Inc. logo
Facebook LinkedIn Twitter RSS
Real Lawyers
99 Park Row
  • About LexBlog
  • Careers
  • Press
  • Contact LexBlog
  • Privacy Policy
  • Editorial Policy
  • Disclaimer
  • Terms of Service
  • RSS Terms of Service
  • Products
  • Blog Pro
  • Blog Plus
  • Blog Premier
  • Microsite
  • Syndication Portals
  • LexBlog Community
  • 1-800-913-0988
  • Submit a Request
  • Support Center
  • System Status
  • Resource Center

New to the Network

  • Boston ERISA & Insurance Litigation Blog
  • Stridon News and Insights
  • Taft Class Action & Consumer Insights
  • Labor and Employment Law Insights
  • Age of Disruption
Copyright © 2022, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo