EPIC SYSTEMS CORP. V. LEWIS: AMERICAN EMPLOYEES SUFFER AN EPIC LOSS IN THE ONGOING ARBITRATION CONFLICT

Abstract

Imagine you arrive to work one morning to find an email from your employer in your inbox. The email contains an agreement. The agreement consists of legal language concerning mandatory individual arbitration and a prohibition of class representation in any forum that you don’t quite understand. You do understand, however, the last line of the agreement. This line provides that if you continue to work, you will be deemed to have accepted the agreement. The agreement instructs you to click two buttons to agree and provides no alternative options. This is effectively the unilateral contractual process that the Supreme Court sanctioned in its May 2018 decision, Epic Systems v. Lewis.