Epic Systems Did Not Take the National Labor Relations Board “Out of the Picture”
Employers must remain careful of their employees’ rights under the National Labor Relations Act. ____________________________________________________ We all know, don’t we, that last year the Supreme Court held, in Epic Systems Corp. v. Lewis, 584 U.S.____, 138 S. Ct. 1612 (2018), “that agreements containing class- and collective action waivers and stipulating that employment disputes are to be resolved by individualized arbitration do not violate the National Labor Relations Act [NLRA] and must be enforced as written pursuant to the Federal Arbitration Act.” In re Cordua Restaurants, Inc., 368 NLRB No. 43 at p. 1 (August 14, 2019). So that being the case, employers are