Across the country, employers are requiring employees to sign agreements waiving any right to be part of a class action. These class action waivers have been the subject of substantial litigation as the stakes are high on all sides, and Courts across the country have given varied opinions. Some of that will soon come to an end, as the Supreme Court has agreed to weigh in on the subject.
In October, the Supreme Court will hear arguments in three consolidated cases: NLRB v. Murphy Oil, Epic Systems Corp. v. Lewis, and Ernst & Young v. Morris. These cases run the gamut on opinion concerning whether the waivers violate the National Labor Relations Act, with some saying that the waivers interfere with workers’ rights to engage in concerted activity for their mutual benefit and protection – such as class actions to protect their rights – and others upholding the waivers.
The trump administration’s recent pick may shift the ideology of the Court. Whether or not the Court allows class actions to proceed against companies with widespread employment abuses will likely prove a pivotal moment. Stay tuned.