Partner Kyle Bjornlund and Associate Elizabeth Dillon recently published an article titled “Epic or Not: The Misplaced Importance of the Supreme Court’s Recent Decision in Epic Systems Corp. v. Lewis.” This article was featured in the January/February, 2019 issue of the Federal Lawyer, a national magazine published by the Federal Bar Association.
The article examines the United States Supreme Court’s recent decision in Epic Systems Corp. v. Lewis, upholding an employer’s right to require employees, as a condition of their continued employment, to waive the right to litigate claims against the employer in a class setting.
The article provides a counterpoint to various criticisms of the Epic decision and argues that the Epic decision does not, as some commentators claim, broaden the Federal Arbitration Act, but instead narrows the expansive scope of a different statute, the National Labor Relations Act. In addition, the article argues that Epic does not, as some commentators claim, signal the beginning of the end of workers’ rights, but instead affirms the established right of parties to a contract to choose an arbitral, rather than judicial forum.
Kyle Bjornlund is a partner at Cetrulo LLP, whose practice focuses on toxic torts, asbestos, product liability, and cybersecurity.
Elizabeth Dillon is an associate attorney at Cetrulo LLP, whose practice focuses on employment law, as well as business litigation.
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