The U.S. Supreme Court issued a highly anticipated decision on May 21, 2018, ruling that class and collective action waivers in employment arbitration agreements are enforceable under the Federal Arbitration Act (FAA) and do not violate Section 7 of the National Labor Relations Act (NLRA). The 5-4 decision, written by Justice Neil Gorsuch in Epic Systems Corp. v. Lewis and two other cases consolidated with Epic Systems, allows employers to require workers to arbitrate legal claims on an individual basis, in effect prohibiting class or collective cases.
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