Approximately one year ago, the United States Supreme Court issued its landmark decision in Epic Systems v. Lewis, 548 U.S. ___ (2018), holding that class action waivers contained in arbitration agreements, including agreements between employers and their employees, are permissible and enforceable. See here. That decision left open, however, the question of: what if the arbitration agreement in question is silent, or ambiguous, on whether claims, e.g., wage and hour claims, can be pursued in arbitration on a class basis?
Read our legal alert taking a look into the Supreme Court’s recent decision in Lamps Plus v. Varela addressing the issue here.