Paula Lopez, May 29, 2018. The United States Supreme Court, in a 5-4 decision written by Associate Justice Neil Gorsuch, resolved a split in the circuits over the enforceability of class action and collective action waivers contained in employee arbitration agreements by holding that arbitration agreements containing class action waivers are enforceable and not in violation of the National Labor Relations Act (“NLRA”).   The Supreme Court decision, Epic Systems Corp. v. Lewis, addresses appellate decision in the following three cases: NLRB v. Murphy Oil USA Inc. (No. 16-307),…

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Paula Lopez, May 13, 2016. Earlier this month, a split three-member NLRB panel affirmed the December 24, 2015 administrative law judge’s decision invalidating a class and collective action waiver contained in CVS’s workplace arbitration policy. The administrative decision was one of a flurry of decisions issued by the NLRB at the end of 2015 addressing this issue and continuing to apply the Board’s decisions in D.R. Horton and Murphy Oil U.S.A., Inc. to invalidate class action waivers.  D.R. Horton and Murphy Oil U.S.A. hold that implementing and maintaining…

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