John Lewis and Greg Mersol Author Article on Class Actions and Employee Arbitration Agreements

Articles / August 30, 2018

Partners John Lewis and Greg Mersol authored an “Expert Analysis” article published by Law360 on Aug. 29, 2018. The article, “Employee Arbitration Agreement Enforcement: What’s Ahead?,” discusses the ramifications of recent Supreme Court authority on the use of employment arbitration agreements containing class action waivers. In particular, they discuss the U.S. Supreme Court ruling in Epic Systems v. Lewis that the National Labor Relations Act does not bar individual employee arbitration agreements containing class action waivers.

The use of such agreements is becoming popular with employers seeking to limit class action liability. Lewis and Mersol examine ongoing litigation over the use and scope of class action waivers in arbitration and note, “Claimants and courts hostile to arbitration will continue to try to limit that holding or to assert new arguments to avoid it. Employers may still have to face these claims either for employees who never entered into arbitration agreements or who choose to pursue their claims in arbitration.”

Read the article (registration required).