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Constitutional Law Keyed to Choper
Epic Systems Corp. v. Lewis
Citation:
138 S. Ct. 1612 (2018)Facts
Epic Systems Corporation, like many employers, required its employees to sign an arbitration agreement as a condition of employment. This agreement specified that employees would arbitrate any work-related disputes individually rather than collectively. Jacob Lewis, an employee of Epic Systems, signed such an agreement but later sought to litigate Fair Labor Standards Act claims and related state law claims through collective action proceedings, arguing that the class action waiver in the arbitration agreement violated the National Labor Relations Act’s protection of employees’ right to engage in “concerted activities.” The case was consolidated with similar cases involving Ernst & Young and Murphy Oil USA, where employees had also signed arbitration agreements with class action waivers but later sought to pursue collective actions regarding wage and hour claims.
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