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Nichols Kaster Responds to Supreme Court Ruling Regarding Arbitration

On May 21, 2018 the United States Supreme Court issued a decision in Epic Systems Corp. v. Lewis, ruling that employers may prevent employees from bringing their overtime claims together as a group in arbitration. Nichols Kaster issued the following statement in response:

"Nichols Kaster agrees with Justice Ginsburg that the Court’s decision in Epic Systems is 'egregiously wrong.' While the decision might inspire more employers to include class and collective action waivers in arbitration agreements, it has been our experience that wage and hour defendants often hesitate to enforce such waivers—and for good reason. Individualized arbitration is incredibly expensive for employers. It can lead to conflicting awards and unpredictable results (as Justice Ginsburg notes in her dissent). Nichols Kaster has every intention to continue arbitrating individual wage and hour claims whenever the case demands it."

You can read more about the Supreme Court’s decision in this article from the New York Times.