Rule 23(b)

Epic Systems And The Erosion Of Federal Class Actions

Epic Systems And The Erosion Of Federal Class Actions

Epic Systems expanded Concepcion, concluding that federal labor law does not block arbitration class waivers, rendering them permissible in the employment context, too. Justice Ruth Bader Ginsburg noted that this additional barrier will lead to the under-enforcement of employment law stemming from this restriction on collective power, as has already happened in the consumer context.