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Lindsay M. Massillon, left, and Elizabeth Pryor Johnson, right, of Fowler White Burnett. Lindsay M. Massillon, left, and Elizabeth Pryor Johnson, right, of Fowler White Burnett.

As many employers know, mandatory arbitration agreements can be a valuable tool in managing attorney fees and costs associated with employment law litigation—especially when it comes to class or collective action claims alleging violations of overtime or minimum wage under the Fair Labor Standards Act (FLSA). The U.S. Supreme Court made clear in Epic Systems v. Lewis, 584 U.S. __, 138 S.Ct. 1612 (2018) that arbitration agreements containing waivers for class or collective actions do not violate the National Labor Relations Act (NLRA) and must be enforced under the Federal Arbitration Act. Section 8(a)(1) of the NLRA prevents employers from, among other things, interfering with or restraining employees in the exercise of their rights under Section 7 of the NLRA (which permits employees to engage in concerted activity).

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