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Despite Legality, Employee Arbitration Pacts Are No Panacea

Law360 (June 6, 2018, 12:44 PM EDT) -- On May 21, 2018, the U.S. Supreme Court in Epic Systems Corp. v. Lewis, a 5-4 opinion written by Justice Neil Gorsuch, ended a six-year dispute started by the National Labor Relations Board’s 2012 decision in D.R. Horton.[1] The board in D.R. Horton held that mandatory arbitration agreements that contain class and collective action waivers violate Section 7 of the National Labor Relations Act. In rejecting the board’s reasoning in D.R Horton, Justice Gorsuch wrote that the Federal Arbitration Act instructs that “arbitration agreements providing for...
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