Settling labor disputes in arbitration

By Theodore H. Katz and Alicia Jantsch Theodore H. Katz is a neutral at JAMS and a former U.S. magistrate judge in the U.S, District Court for the Southern District of New York. Alicia Jantsch is a 2019 law degree candidate and senior case manager at JAMS.

Posted October 18, 2018 11:10 AM

The U.S. Supreme Court’s recent decision in Epic Systems Corp. v. Lewis, 138 S.Ct. 1612 (2018), reaffirmed the now well-established principle that parties can contract to pursue claims under the Fair Labor Standards Act through arbitration.Indeed, with each passing year the number of FLSA claims brought in arbitration, as well as federal court, has increased exponentially.While FLSA claimants in arbitration retain all of the substantive rights guaranteed by the FLSA, interesting questions arise as to how that …

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