Could Justices Cause Employer Stampede to Mandatory Arbitration?

By Lawrence E. Dubé

The U.S. Supreme Court will decide within a few weeks whether employers can lawfully require workers to accept arbitration agreements that prevent them from joining in class actions.

A ruling for the employers in three consolidated cases—NLRB v. Murphy Oil USA, Inc., Epic Systems Corp. v. Lewis, and Ernst & Young LLP v. Morris—could have broad implications for U.S. businesses.

Lawsuits under class action rules or collective action procedures have been important vehicles for employees to combine small employment claims, such as wage and hour complaints, into large lawsuits that are economically efficient ...