John Lewis Examines Judicial Split over Employment Arbitration Agreements

Articles / September 14, 2016

Partner John Lewis authored an article published Sept. 13, 2016, by Law360. The article, “Adding Fuel to the Employment Arbitration Fire,” examines the Second Circuit’s decision in Patterson v. Raymours Furniture Co., which upheld enforcement of an employment arbitration program that requires employees to submit their employment and compensation claims to individual arbitration. The Second Circuit ruling is contrary to rulings from the Seventh and Ninth Circuits regarding the underlying issue of whether a waiver of class or collective action in an arbitration agreement illegally restricts employees’ rights under the National Labor Relations Act and is unenforceable. Lewis notes that “a U.S. Supreme Court review now seems inevitable.”  “In the interim,” Lewis writes, “companies will be challenged on how to enforce nationwide arbitration agreements.”

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