The United States Supreme Court has granted certiorari in three cases related to the legality of class action waivers included in an employer’s arbitration agreement. In its order granting certiorari, the court stated the cases would be consolidated “and a total of one hour is allotted for oral argument.”
The cases are:
No. 16-285 ) EPIC SYSTEMS CORP. V. LEWIS, JACOB
No. 16-300 ) ERNST & YOUNG, ET AL. V. MORRIS, STEPHEN, ET AL.
No. 16-307 ) NLRB V. MURPHY OIL USA, INC., ET AL.
The cases being considered by the nation’s highest court were decided by the Seventh, Ninth, and Fifth Circuits. Previously, the Seventh and Ninth Circuits both sided with the National Labor Relations Board (“NLRB”) and held that a collective action ban included in an employment contract violates the National Labor Relations Act. In contrast, the Fifth Circuit rejected the NLRB’s efforts to ban class action arbitration waivers in Murphy Oil. The case is not the first time the NLRB and the Fifth Circuit have found themselves at odds over the issue in recent years.
Please check back soon for more on this exciting development!