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Employee Arbitration Agreement Enforcement: What's Ahead?

Law360 (August 29, 2018, 1:29 PM EDT) -- Just a few months ago, the U.S. Supreme Court found in Epic Systems v. Lewis[1] that the National Labor Relations Act[2] did not bar individual employment arbitration agreements containing class action waivers. Instead, according to the court, they were to be treated like any other arbitration agreement under the Federal Arbitration Act[3] and should be given effect. The court’s majority opinion resolved a substantial split in the circuits and used broad language leaving little room for doubt that such agreements “must be enforced as written.”[4]

And there should have been little doubt that the holding applied to claims under the Fair...

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