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Amicus Brief Seeks Court Review of Case over Arbitration and Class-Action Issues

Business Roundtable filed a friend-of-the-court brief asking the U.S. Supreme Court to review Ernst & Young, LLP v. Stephen Morris. The question presented: Whether the collective-bargaining provisions of the National Labor Relations Act prohibit the enforcement under the Federal Arbitration Act of an agreement requiring an employee to arbitrate claims against an employer on an individual, rather than collective, basis.

BRT argued that arbitration provisions and class-or-collective- action waivers play a key role in employment agreements, and employers require certainty as to whether and when such provisions are enforceable.

The Supreme court agreed to hear the case on January 13, 2017. The brief is available online here.