Supreme Court Holds That Employer Sponsored Arbitration Programs do not Violate National Labor Relations Act

On May 21, 2018, in a 5-4 decision, the United States Supreme Court issued a long-awaited decision in Epic Systems Corp. v. Lewis, 584 U.S. ____ (2018), holding that mandatory employer-sponsored arbitration agreements do not offend the National Labor Relations Act (“NLRA”). Justice Gorsuch, joined by Chief Justice Roberts and Justices Kennedy, Thomas, and Alito, delivered the opinion. The Court reiterated that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”) instructs “federal courts to enforce arbitration agreements according to their terms—including terms providing for individualized proceedings.” Relying on that rule, the Court held that employers can require employees to submit all work-related disputes to individual arbitration. The Court thus concluded that nothing in the NLRA trumps the FAA’s mandate, particularly because the specific provision of the NLRA on which the employees relied “does…

Read more detail on Recent Employment Law posts –

This entry was posted in Employment and Labour Law and tagged , , , , , , , , , , . Bookmark the permalink.

Leave a Reply