On August 1, 2018, Nichols Kaster, PLLP attorney Michele Fisher will present for the American Bar Association in a program entitled, "Pursuing FLSA and Employment Discrimination Claims in the Wake of Epic Systems."
The program is described by the ABA as follows:
In Epic Systems Corp. v. Lewis, the Supreme Court of the United States gave a narrow reading to “protected concerted activities” in Section 7 of the National Labor Relations Act, limiting it to activities in the workplace and excluding it from “courtroom-bound” class and joint litigation. It also declined to conclude that the NLRB displaces the Federal Arbitration Act. Thus, now, in almost every context, if an employee signs an agreement to engage in individual arbitration of employment-related disputes and waives the bringing of class actions, the employee is limited to the arbitration forum and the filing of class or collective actions in court are generally not allowed.
Are there still opportunities for workers to file class action claims despite having signed a class-action waiver? What are local and state governments doing in reaction to Epic Systems? What will employee-plaintiffs do in response to this decision? What strategies will plaintiff-side lawyers utilize to assert the rights of employees under the FLSA and similar worker-protection statutes going forward? How will management-side lawyers advise their clients on the use of mandatory arbitration agreements, which have repeatedly been endorsed by the Supreme Court? Join a panel of experienced experts in discussing the real implications of pursuing these claims after Epic Systems.
Fisher will be joined by a panel of experienced experts in discussing the real implications of pursuing these claims after Epic Systems. This includes Legal Scholar Hiro Aragaki of Loyola Law School, Management Attorney Jeffrey Schwartz of Jackson Lewis, and Arbitrator Theodore Cheng.Registration details can be found here.