10th Justice; Employee Arbitration Agreements

9220Employment laws impact everyone, regardless if you are actively employed or not. As employers continue to control costs associated with claims from employees, employers have commonly turned to arbitration agreements. These agreements normally require employees to waive any right or protection afforded by joining a class action and instead forces each individual employee to take the claims before an individual arbitration. In 2018, the Supreme Court of the United States (SCOTUS) decided in Epic Systems Corp. v. Lewis by a narrow margin of 5-4 that employers could enforce these arbitration agreements.

In your assignment this week please explain why the court got this correct AND explain why the court was wrong. Lastly, if you were the 10th justice how would you vote and why?

This link should provide you with details on the case: https://www.oyez.org/cases/2017/16-285

Click on the left hand side under “Opinions” for full details.

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