US Supreme Court Releases October Calendar and Class Action Waivers Are on The List

Gordon Law Group

Across the country, companies increasingly require employees to sign agreements containing class action waivers, blocking workers from joining collective lawsuits even when multiple individuals suffer similar workplace misconduct. These waivers have triggered years of class action waivers Supreme Court litigation, driven by sharp judicial disagreement, growing corporate risk exposure, and fundamental questions about employee legal rights.

The Supreme Court of the United States has agreed to address the issue directly, offering a rare opportunity to resolve conflicting interpretations among lower courts regarding class waiver enforceability and employee rights to seek remedies together.

The debate focuses on whether arbitration and class-action waivers violate concerted activity protections under the National Labor Relations Act (NLRA). Many judges have ruled that waivers may interfere with the ability of workers to engage in mutual legal protection, especially in harassment, wage violation, and systemic discrimination cases where employer abuse affects groups, not isolated individuals.

Others have upheld arbitration clauses and waivers under the Federal Arbitration Act, stating that signed contracts should stand unless they directly conflict with federal statute exceptions.

Consolidated Cases to Be Heard

In October, the Court will hear arguments in three major consolidated cases involving class waiver legality:

  1. NLRB v. Murphy Oil
  2. Epic Systems Corp. v. Lewis
  3. Ernst & Young v. Morris

Together, these cases represent the full spectrum of judicial opinion on whether such agreements illegally restrict workers from acting collectively.

Why This Ruling Matters

The outcome could permanently influence:

  • Employee ability to file group lawsuits
  • Corporate liability when misconduct impacts many workers
  • Arbitration enforceability vs. workplace fairness
  • Retaliation safeguards after a dispute is raised
  • Internal HR documentation and compliance burden

Workplace abuses involving discrimination, harassment, unsafe work environments, and retaliation rarely impact only one person. Legal systems across the U.S. increasingly recognize that collective remedies play a critical role in structural misconduct accountability.

Some believe that changing federal appointments under the Trump administration may influence future ideology and employment law interpretation, but the Court’s decision will rest on statutory interpretation, precedent, and employee protection balance.

Read What Judges Say About Us

extraordinary skill displayed in this litigation

Judge Daniel O'Shea

impressive scholarly expertise

Judge Joseph F. Leighton, Jr.

extensive experience and success in the realm of class action lawsuits

Judge Robert C. Cosgrove
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