The US Supreme Court will wait to hear a trio of mandatory arbitration cases involving class action waivers in employment until its next term, which does not begin until October. The delay makes it more likely that Supreme Court nominee Neal Gorsuch, if confirmed, will be in a position to cast a possible decisive vote.
The US Supreme Court has agreed to hear a trio of cases involving whether employers can use mandatory arbitration clauses to ban employees from bringing class action lawsuits over workplace disputes. A ruling is expected by the end of the Court's term in late June.
The 7th Circuit Court of Appeals has ruled, in Lewis v. Epic-Systems Corp., 2016 U.S. App. LEXIS 9638 (7th Cir. 2016), that a health care software company's arbitration agreement violates the right of employees to engage in protected concerted activity under the National Labor Relations Act (NLRA) by barring them from participating in or pursuing wage-and-hour class action or collective claims. Because the ruling deepens a split among the circuits on this issue, it could lead to an eventual review by the Supreme Court to resolve the inconsistency.
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News: HR guidance on alternative dispute resolution methods, its usefulness in the pre-dispute phase and its usefulness as a means to resolve pending disputes.
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