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News & Press: Government Affairs News

Supreme Court Weighs in on Employment Disputes

Monday, May 21, 2018   (0 Comments)
Posted by: Bradley Coffey, MA, AAOE Government Affairs
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Washington, DC - The Supreme Court of the United States (SCOTUS) has upheld the use of class and collective actions waivers in arbitration agreements in employment. The 5-4 decision in Epic Systems Corp. v Lewis (2018) allows employers to require employees, as a condition of employment, to sign agreements to arbitrate any employment dispute on an individual basis. As a result of the Court's decision, arbitration clauses in employment contracts prohibiting class action lawsuits against the employer are legally enforceable.

Voting in the majority was the Court's conservative majority, led by new Associate Justice Neil Gorsuch. The Court's liberal minority, led by Associate Justice Ruth Bader Ginsburg, dissented.

The Court's decision will likely lead employers nationwide to consider the use of arbitration agreements for employees and presents an opportunity for orthopaedic practices and their legal counsel to consider whether, and how, to implement an arbitration program for employment disputes.

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