Yale Law School Consumer Arbitration Data Archive

“On May 21, 2018, a United States Supreme Court majority held in Epic Systems Corp. v. Lewis, 584 U.S. ___ (2018) (link is external), that, “Congress has instructed in the Arbitration Act that arbitration agreements providiing for individual proceedings must be enforced, and neither the Arbitration Act’s saving clause nor the NLRA suggests otherwise.” In other words, as summarized by NPR’s Nina Totenberg, “the 1925 Federal Arbitration Act trumps the National Labor Relations Act and that employees who sign employment agreements to arbitrate claims must do so on an individual basis — and may not band together to enforce claims of wage and hour violations.” http://wamc.org/post/supreme-court-decision-delivers-blow-workers-rights (link is external). The dissenting opinion, which Justice Ginsburg read from the bench, begins by framing (and answering) the question before the court, “Does the Federal Arbitration Act … permit…

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