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Employment laws

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Employment laws impact everyone, regardless if you are actively employed or not. As employers continue to control costs associated with claims from employees, employers have commonly turned to arbitration agreements. These agreements normally require employees to waive any right or protection afforded by joining a class action and instead forces each individual employee to take the claims before an individual arbitration. In 2018, the Supreme Court of the United States (SCOTUS) decided in Epic Systems Corp. v. Lewis by a narrow margin of 5-4 that employers could enforce these arbitration agreements.

In your assignment this week please explain why the court got this correct AND explain why the court was wrong. Lastly, if you were the 10th justice how would you vote and why?

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            The ruling in 2018, in the Epic Systems Corp. v. Lewis case, that the federal courts should enforce arbitration agreements according to their terms and that NLRA does not hint the class and procedures to be followed and thus should not displace the arbitration agreement was correct. This is because Congress has instructed, and NLRA does not suggest otherwise.  Since the complainant does not include contract defenses, including duress or fraud, which are some of the defenses a court can consider to rule that arbitration agreements are unenforceable, the court was correct (Justia US Supreme Court, n.d.). This means the overtime wages claims, according to the Fair Labor Standard Act, lack defense. Additionally, NLRA’s structure points to conclusions where it does not hint at rules and procedures that should govern collective or class issues in arbitration agreements. Thus, the court was correct because NLRA has not defined the procedures, and the Congress has instructed that the arbitration agreements should not be displaced.