In an article in The National Law Journal, McGuireWoods employment litigation partner Michael Phillips commented on courts’ continuing refusal to enforce employment arbitration agreements after the U.S. Supreme Court’s ruling in Epic Systems v. Lewis.
“There is a bit of a push, pull that you will continue to see,” Phillips said. “The Supreme Court is knocking down obstacles and other judges are not as enthusiastic from a policy point of view. That dynamic won’t end anytime soon.”
The article also referenced a June 18 article Phillips co-authored with Labor and Employment Department chair Bruce Steen and partner Peyton Smith, noting, “[The cases] illustrate that, notwithstanding the Supreme Court’s pronouncements, arbitration agreements remain creatures of state law and must strictly comply with state law principles. They also illustrate that courts will place the burden on employers to establish that arbitration agreements are valid and enforceable.”
The NLJ’s June 22 article, titled “Arbitration Agreements Don’t Get Rubber Stamp, Even After ‘Epic Systems,’” is available to subscribers.