Legal Blog

Telebriefs®: Supreme Court Will Rule on Whether Employers Can Continue Arbitration Agreements with Class Action Waivers

Earlier this year, the Supreme Court granted cert in a case called Epic Systems v. Lewis. The Supreme Court will decide whether the National Labor Relations Board’s decisions on federal arbitration agreements that contain class action waivers will be sustained at the Supreme Court level. The NLRB had previously held that so-called class action waivers in arbitration agreements with employees violated their Section 7 rights under the National Labor Relations Act to engage in concerted action of a protected nature. Now the Supreme Court will put this issue front and center in Epic Systems v. Lewis. Since Justice Neil Gorsuch has become the 9th member of the Supreme Court and is considered a conservative jurist, there is a good chance that the Court’s majority will disagree with the NLRB and permit such agreements to be enforced. Ultimately, this decision will greatly affect both employers and employees. To learn more about the possible outcomes and effects, listen to this week’s Telebrief here.

Also in this week’s Telebrief: What Maryland’s passing of the paid sick leave bill will mean for employers and whether Governor Hogan plans to veto it in 2018.


Questions about arbitration agreements or other topics from this week’s Telebrief?

Contact Howard K. Kurman at or 410-209-6417.


About the Telebriefs®

The Telebriefs® are 30-minute, information-packed phone calls geared towards executives, HR directors, supervisors, managers, and business owners. Join Howard K. Kurman, as he discusses employment law developments occurring over the past two weeks that will most significantly impact employers nationwide. These twice-monthly phone calls are an easy way to stay current and compliant with the latest employment law developments that will significantly affect you and your company. The goal is to provide information and insights to help executives stay current with the latest workplace law developments and in front of trends, to enable proactive policy-making and management. Our guarantee: You will learn something useful, on every call!

About the Presenter

Howard Kurman Casual-SmallHoward K. Kurman is an employment attorney. Mr. Kurman regularly counsels clients on all aspects of proactive employment/labor issues. He represents employers ranging in size from as small as 20 employees to those employers with geographically disparate locations consisting of over 4,000 employees. Mr. Kurman assures, through regular contact with his clients, that they promulgate and maintain the most effective employment policies that will, to the extent possible, minimize their legal exposure in today’s litigious workplace. Mr. Kurman offers advice on employee handbooks, employment agreements, and covenants not to compete as well as confidentiality and non-disclosure agreements. Previously, Mr. Kurman was the chair of the firm’s Labor & Employment Practice Group.

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