The Supreme Court Redefines Protected Concerted Activity in Epic Systems: Just How Far Did the Court Go?
The U.S. Supreme Court's 5-4 decision in Epic Systems Corporation v. Lewis was that employers may require employees to enter into arbitration agreements that prohibit class or collective actions. The Court redefined, both succinctly and ambiguously, "protected concerted activity" under the National Labor Relations Act (NLRA). This article discusses that new definition and how it may change what is, and is not, protected activity under the NLRA.
Curt Kirschner, is a partner in the San Francisco Office of Jones Day and is a member of the Editorial Board of the Bender’s California Labor & Employment Bulletin. Curt expresses this gratitude to J. Sean Benevento, a student at George Washington University Law School, for his assistance with this article.
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