Class Action Waivers Enforceable In Employment Arbitration Agreements, SCOTUS Holds

In a 5-4 decision issued on May 21, 2018, the U.S. Supreme Court held in Epic Systems Corporation v. Lewis that class action waivers in employment arbitration agreements are valid and enforceable, rejecting arguments that such waivers violate the National Labor Relations Act.  The outcome in Epic Systems Corporation was largely foreshadowed by the U.S. Supreme Court's landmark decision in 2011,  AT&T Mobility LLC v. Concepcion, which held that class action waivers in consumer arbitration agreements are valid and enforceable.  Concepcion was authored by late Justice Scalia, and Epic Systems Corporation was authored by Scalia's replacement, Justice Gorsuch. 

The opinion in Epic Systems Corporation can be found here.

- John M. Scheppach