Last Friday, the U.S. Supreme Court granted certiorari in Epic Systems v. Lewis, Ernst & Young v. Morris and NLRB v. Murphy Oil USA, three cases dealing with the relationship between class arbitration waivers in employment contracts and the National Labor Relations Act.
Just last week we linked to a recent article by Arbitrator Barry Winograd (What’s Next for the Sage of D.R. Horton and Class Arbitration Waivers?, Labor Law Journal, Vol. 67, Issue 4, pp. 515-519, 2016), which provides helpful background and commentary on this issue. We will continue to provide updates as it evolves.