U.S. Supreme Court Delays Argument On NLRB Class Action Waiver Issue Until Late 2017 or 2018

Posted on: February 9th, 2017 by Steve Larson

On Friday, January 13, the U.S. Supreme Court agreed to resolve a conflict between the circuits as to whether class action waivers violated the National Labor Relations Act.  It accepted three of the cases for review: the 5th Circuit’s Murphy Oil case, the 7th Circuit’s Epic Systems case, and the 9th Circuit’s Ernst & Young case. The cases will be consolidated for purposes of oral argument and final written opinion.

That argument will not take place until October 2017 at the earliest, which means there will likely be no final decision until late 2017 or early 2018.  Many speculate that the delay was to allow U.S. Supreme Court nominee Gorsuch to be seated to participate in the decision.

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