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January 17, 2017

U.S. Supreme Court to Rule on Legality of Workplace Arbitration Agreements

The U.S. Supreme Court justices agreed to take up the dispute over whether workplace arbitration agreements violate federal labor laws writes the National Law Journal.

The three petitions granted are NLRB v. Murphy Oil USA, Epic Systems v. Lewis, and Ernst & Young v. Morris. These petitions reflect a “conflict in the circuits,” specifically between the Fifth and Second circuits, which found arbitration agreements legal, while the Seventh and Ninth circuit found then unenforceable.

Besides a “pretty direct conflict” Scott Nelson of Public Citizens Litigation Group also notes this is a “somewhat extraordinary posture” of separate petitions in which the government, two employers, and an employee asked the justices to hear the issue. 

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