Labor and Employment Law

Ca. Labor & Emp't Rev. September 2018, Volume 32, No. 5

Epic Systems Corp. v. Lewis: Employers’ Perspective

By Mary-Christine Sungaila, Alex Stevens and Marco A. Pulido

Mary-Christine Sungaila is an appellate partner in Haynes and Boone’s Costa Mesa office. Alex Stevens and Marco A. Pulido are associates at the firm. Sungaila and Stevens authored an amicus brief on behalf of the International Association of Defense Counsel in Epic Systems Corp. v. Lewis.

The U.S. Supreme Court’s recent decision in Epic Systems Corp. v. Lewis2 confirms that the Federal Arbitration Act (FAA) requires arbitration agreements to be enforced according to their terms, even individual arbitration agreements between an employer and an employee. In this article, we detail the impact of the high court’s decision on Fair Labor Standards Act (FLSA) claims. We also outline the decision’s implications for the arbitrability of claims arising under California’s Labor Code Private Attorneys General Act (PAGA).

Epic Answers Whether Employers and Employees Can Agree to Individually Arbitrate Employment-Related Claims

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