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Epic Systems v. Lewis: Supreme Court Rules on the Enforceability of Class Action Waivers

Recorded on: Jun. 11, 2018
Running Time: 01:04:15

Full Transcript:

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Taken from the Web Program Epic Systems v. Lewis: Supreme Court Rules on the Enforceability of Class Action Waivers Recorded June, 2018 in New York [01:04:15]

In Epic Systems Corp. v. Lewis, the Supreme Court held that employers did not violate the National Labor Relations Act by requiring class action waivers in mandatory arbitration agreements.  The 5-4 ruling was long anticipated and may have far-reaching consequences in employment and labor law.

In this Briefing, you will hear from two experts in employment law – Joseph M. Sellers of Cohen Milstein Sellers & Toll PLLC and Zachary D. Fasman of Proskauer Rose LLP – who will discuss the impact of the case and the future direction of the law.  Specific issues to be addressed include:

  • Is the Court’s ruling limited to Fair Labor Standards Act cases, or does it extend to other causes of action such as employment discrimination litigation?
  • Are there any practical limits to an employer’s ability to require class action waivers in the workplace?
  • What alternatives are available to employees who seek to bring common claims in arbitration, even if the each employee must arbitrate individually?

Presentation Material

  • Epic Systems v. Lewis
    Zachary D. Fasman, Joseph M. Sellers
  • Offensive, Non-Mutual Collateral Estoppel in Arbitration: The Rush to Arbitration’s Ruin?
    Zachary D. Fasman
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