Ukrainian Law Blog
Freedom means the supremacy of human rights everywhere
Tuesday, May 22, 2018
U.S. Supreme Court upholds arbitration agreements barring class actions in employment context
The U.S. Supreme Court ruled today in
Epic Systems Corp. v. Lewis
, that employment arbitration agreements that bar class actions are enforceable. The vote was 5 to 4 in upholding the use of arbitration agreements in the workplace.
The plaintiff in the case argued that employees could not waive their rights in an agreement to be a part of a class action to pursue employment claims because this waiver violated the National Labor Relations Act (“NLRA”) because these types of claims are “concerted activities” protected by § 7 of the NLRA. This section guarantees employees “the right to self-organization, to form, join, or assist labor organizations, to bargain collectively . . ., and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection.”
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