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CLIENT ALERT: Class Action Waivers in Employment Contracts Upheld by Supreme Court

Client Alert

On May 21, 2018, in a 5-4 decision and a major win for employers, the United States Supreme Court upheld the legality of waivers in employment contracts that prohibit employees from grouping claims together in collective or class actions in favor of individual arbitration proceedings. See Epic Sys. Corp. v. Lewis, ___U.S.___ (2018).

Employers have used these collective/class action waivers to protect against collective action wage and hour claims. Employees and the National Labor Relations Board (“NLRB”) had challenged the legality of such provisions, arguing that they violate the National Labor Relations Act (the “NLRA”) prohibition against employers interfering with employees’ rights to engage in “concerted activities for the purpose of collective bargaining or other mutual aid or protection.” See 29 U.S.C. § 157.  Employers’ argued, under the Federal Arbitration Act (the “FAA”), that arbitration agreements entered into through a lawful contract must be upheld. 9 U.S.C. § 2. The United States Supreme Court resolved the conflict in favor of the FAA and employers.

Employers are encouraged to consult with their legal counsel to determine whether collective/class action waivers may be beneficial to their business or review waivers already in place to determine whether such waivers fit squarely in the United States Supreme Court’s recent decision. BMD’s employment attorneys are available for such consultation.  Should you have any questions regarding the United States Supreme Court’s decision or class/collective action waivers, please contact Adam D. Fuller at adfuller@bmdllc.com.


Understanding the Proposed H-1B Filing Fee Changes and the Impact on Workforce Planning

The Trump administration has proposed a substantial new fee for certain H-1B cap-subject petitions. Learn which employers and foreign national workers may be affected, what exemptions may apply, and key considerations for workforce planning.

What the $17 Billion Meta Settlement Means for Technology Companies

A historic $17.1 billion Meta settlement signals a new era of state attorney general enforcement, with important lessons for technology companies and digital platforms.

Update on Temporary Protected Status (TPS) for Haiti and Related Countries

USCIS has temporarily extended Employment Authorization Documents (EADs) for certain Temporary Protected Status (TPS) beneficiaries from Haiti and several other countries following recent court action. Employers and TPS recipients should review EAD expiration dates, monitor ongoing developments, and ensure compliance with Form I-9 and E-Verify requirements.

HHS Accessibility Requirements for Medical Diagnostic Equipment: What Health Care Providers Need to Know

Health care providers that receive federal financial assistance are now subject to updated HHS accessibility requirements for medical diagnostic equipment under Section 504 of the Rehabilitation Act. With the July 8, 2026, compliance deadline in effect, covered providers should ensure they have the required accessible equipment, train staff, and review operational practices to reduce compliance risk and provide accessible care for patients with disabilities.

Florida Super Lawyers® Recognizes Brennan Manna Diamond Attorneys to the 2026 Lists

BRENNAN, MANNA & DIAMOND is proud to announce that three of our attorneys have been designated to the 2026 Florida Super Lawyers® and Florida Rising Stars® lists. Super Lawyers is based on multiple categories of independent research and peer evaluation to identify outstanding lawyers.