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U.S. Supreme Court. U.S. Supreme Court.

The Supreme Court is currently considering the intersection of two federal statutes governing workplace disputes. The first, the Federal Arbitration Act, dictates that arbitration agreements “shall be valid, irrevocable and enforceable.” The second, the National Labor Relations Act, grants workers the right to engage in “concerted activities” for “mutual aid or protection,” and makes it an unfair labor practice for employers to “interfere with, restrain, or coerce employees” in the exercise of this right. These two statutory directives have come into conflict through employers’ increasingly-common practice of requiring workers to agree to individual arbitration of all work-related claims—barring them from pursuing class or collective action. The court is tasked with reconciling the statutes in three consolidated cases: Epic System v. Lewis, Ernst & Young v. Morris, and National Relations Board v. Murphy Oil USA.

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