Fisher Phillips

In late May 2018, the U.S. Supreme Court handed down its decision in Epic Systems Corporation v. Lewis, which actually covered three (3) cases presenting the same basic issue: whether employment arbitration agreements that contain class or collective action waivers violate the National Labor Relations Act [NLRA]. This decision in Epic held that such waivers in employment arbitration agreements do not violate the NLRA and are, in fact, enforceable under the Federal Arbitration Act [FAA].

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On May 21, the Supreme Court decided 5 to 4 that there is no violation of the National Labor Relations Act when an employer requires an employee to sign a waiver of class actions in workplace arbitration agreements.  The Court held that these individual agreements are enforceable under the Federal Arbitration Act. In Epic Systems Corporation v. Lewis and in two other consolidated cases, the Court knocked out the NLRB’s effort to prohibit mandatory class waivers.

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For employers, the term “seasonal employee” can be relative, depending on the goods and services a business offers and/or its geographic location. Regardless, hiring seasonal workers can present some significant legal landmines for unsuspecting employers. To avoid these issues, employers should carefully review their employment policies as part of their spring cleaning to-do lists. While reviewing these policies, here are a few questions to consider:

[Read more…] about Three Questions to Ask When Hiring Seasonal Workers