October 13, 2022 – Ben Noren, Associate Chair of the Employment Law practice was interviewed in an article by the ABA Journal October-November issue “Dispute Resolved? A New Law Ended Mandatory Arbitration in Workplace Sexual Assaults and Harassment Complaints — Is a Wider Ban Next?”.
In the article, Ben commented that Southwest Airlines Co. v. Saxon, was decided on a very narrow grounds and was consistent with the Supreme Court’s overall jurisprudence exempting workers frequently engaged in foreign and interstate commerce from the Federal Arbitration Act.
Ben went on to explain that “the Saxon holding does not impact the court’s prior decision in Epic Systems v. Lewis , which upheld employers’ ability to force employees to enter into arbitration agreements and class action waivers,” he says. “There is no indication that the Supreme Court will be going back on its decisions that recognize the right of parties to use mandatory arbitration clauses.”
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