[20180613]LSB10148_Epic系统之后的协调活动和NLRA.pdf

CRS INSIGHT Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i Concerted Activities and the NLRA after Epic Systems June 13, 2018 The Supreme Courts recent decision in Epic Systems Corp. v. Lewis upheld the use of mandatory arbitration agreements limiting an employees ability to participate in employment-related collective action (including class action lawsuits). (A related CRS Legal Sidebar on Epic Systems is available here.) Justice Gorsuch, writing for a majority of the Court, concluded that Section 7 of the National Labor Relations Act (NLRA), which recognizes an employees right to engage in “concerted activities” related to employment, did not displace the application of the Federal Arbitration Act (FAA), a law enacted to ensure the validity and enforceability of arbitration agreements. While Epic Systems may prompt greater use of arbitration provisions in employment contracts, the decision also highlights disagreement by the Justices regarding the proper method for interpreting Section 7 of the NLRA. A similar disagreement arose in Encino Motorcars, LLC v. Navarro, the Courts April 2018 decision involving the Fair Labor Standards Act (FLSA) and ove