OCTOBER TERM 2017 · DECIDED MAY 21, 2018 · 5–4

584 U. S. ___ · No. 16-285 · Argued October 2, 2017

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Epic Systems Corp. v. Lewis

Reversed/remanded in two cases; affirmed in the thirdFinal ruling
workplace arbitrationclass action waiverslabor rightswage theftemployment contracts

Opinion of the Court by Justice Gorsuch, joined by Justices Roberts, Kennedy, Thomas, and Alito

The Supreme Court ruled that employers can require workers to sign arbitration agreements demanding individual, one-on-one dispute resolution rather than group lawsuits, rejecting arguments that federal labor law overrides those contracts.

The 5-4 decision resolves a major fight over the growing use of individual-arbitration clauses in employment contracts, making it harder for workers to band together to pursue wage claims that are often too small to bring alone.

How it got here: Federal appeals courts split: the Seventh and Ninth Circuits sided with employees against enforcing individual-arbitration clauses, while the Fifth Circuit sided with the employer; the Supreme Court agreed to hear all three cases together.

The Case in Depth

What happened

Employees at three companies — Epic Systems, Ernst & Young, and Murphy Oil — had signed agreements requiring individual arbitration of workplace disputes. Despite these agreements, the employees tried to bring class or collective lawsuits under the Fair Labor Standards Act and state wage laws, arguing their employers had underpaid them and that banding together was necessary to make pursuing the claims worthwhile.

The question before the Court

Can employers require workers to settle wage disputes through individual, one-on-one arbitration instead of joining together in a class or collective lawsuit?

Why it matters

Millions of employees who signed arbitration agreements with class-action waivers can now be forced to pursue wage and other workplace claims individually rather than as a group. Because pursuing small claims alone is often not worth the legal cost, workers may have less practical ability to challenge underpayment, while employers gain more certainty these agreements will be enforced.

What changes now

This is a final merits decision, not a temporary order. The cases against Epic Systems and Ernst & Young are sent back to the lower courts for further proceedings consistent with the ruling, meaning those employees' collective claims cannot proceed as filed. The ruling against the employees in the Murphy Oil case is affirmed. The decision is expected to encourage employers to keep or expand individual arbitration agreements with class-action waivers.

What this does not decide

The Court did not disturb workers' rights to organize unions or bargain collectively — those protections stand unchanged. It also did not decide whether discrimination claims requiring proof of company-wide patterns and practices, which some courts say cannot be brought individually, are affected by this ruling.

Concurrences and dissents

Concurrence — Justice Thomas

Justice Thomas joined the majority in full but wrote separately to stress a narrower, plain-meaning argument: under his reading of the Arbitration Act's saving clause, only defenses concerning how a contract was formed can excuse enforcement, and illegality is instead a public-policy defense that doesn't qualify, so the workers lose for an even more basic reason.

Dissent — Justice Ginsburg

Justice Ginsburg argued the majority ignored the historical purpose of the NLRA and its forerunner, the Norris-LaGuardia Act, which were designed to let employees band together against more powerful employers. She would have held that the NLRA's protection of 'concerted activities' includes collective litigation, making employer-imposed individual-arbitration waivers unlawful, and warned the ruling would let wage-theft violations go underenforced.

How the Court got there

The legal reasoning, step by step

  1. The Court read the Federal Arbitration Act's command that courts must enforce arbitration agreements 'according to their terms' as covering agreements requiring individualized, one-on-one proceedings, not just arbitration in general.
  2. It then considered the Act's 'saving clause,' which lets courts refuse to enforce arbitration deals only for reasons that could void any contract, like fraud or unconscionability, and concluded the clause did not help the workers because their objection targeted the individualized nature of arbitration itself rather than a defense available against any contract.
  3. Turning to the National Labor Relations Act, the Court applied the presumption against reading one statute to silently override another, requiring a 'clear and manifest' sign that Congress meant the labor law to displace the arbitration law.
  4. Using the interpretive principle that a general phrase following a list of specific items should be read to cover only similar things (the ejusdem generis canon), the Court read the NLRA's guarantee of 'other concerted activities' as limited to union organizing and collective bargaining, not courtroom or arbitration procedures.
  5. The Court found no provision in the NLRA addressing the mechanics of class litigation, such as opt-in or opt-out rules or class certification standards, reasoning that this silence showed Congress never meant the labor law to control litigation procedure.
  6. Because the National Labor Relations Board's contrary reading required interpreting a second statute it does not administer, the Court declined to defer to the Board's position under the Chevron doctrine, the framework courts sometimes use to defer to agency interpretations of ambiguous statutes.

Doctrinal impact

Laws and provisions at issue

Federal Arbitration Act §2

Requires courts to treat arbitration agreements as valid and enforce them as written.

National Labor Relations Act §7

Protects employees' rights to unionize, bargain collectively, and engage in related joint activities.

Fair Labor Standards Act §216(b)

Lets employees join together to sue for unpaid wages and overtime.

Cases affected by this decision

Reaffirms AT&T Mobility LLC v. Concepcion (563 U. S. 333)

Relies on its rule that contract defenses can't be used to sneak in class-arbitration requirements against arbitration's basic nature.

Limits Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc. (467 U. S. 837)

Declines to extend agency deference because the Board was interpreting a statute it does not administer.

Supreme Court Opinion

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Epic Systems Corp. v. Lewis | SCOTUS Reporter