EPIC SYSTEMS V. LEWIS

Issue: Labor
Court: U.S. Supreme Court

Term: October 2017
Lower Court: U.S. Court of Appeals for the Seventh Circuit

Question Presented: 
Whether an agreement that requires an employer and an employee to resolve employment-related disputes through individual arbitration, and waive class and collective proceedings, is enforceable under the Federal Arbitration Act, notwithstanding the provisions of the National Labor Relations Act.

RLC's Position:
The RLC filed an amicus brief with the U.S. Supreme Court to provide the Court with additional reasons to support the enforcement of arbitration agreements. The RLC’s brief explained that class actions are not the type of “concerted activity” envisioned or protected by the National Labor Relations Act (NLRA). The National Labor Relations Board’s decision that employees cannot arbitrate individually with their employer not only confers a right to workers that the NLRA does not guarantee, but also impermissibly expands the scope of the agency’s power to that akin to a federal court. 

Procedural History and Case Documents:

• Petition for Certiorari filed September 2016
• Lewis' brief in opposition filed November 2016
• Epic System's reply brief filed November 2016
• Petition granted January 2017
• Epic Systems opening brief filed June 2017
• Opinion, June 2018

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