The US Supreme Court (SCOTUS) announced last week that they would not hear the case asking its position on whether the National Labor Relations Act (NLRA) restricts employers from requiring workers to waive their right to pursue a class action lawsuit and go to arbitration individually instead. The right to waive court lawsuits in favor of individual arbitration is allowed by the Federal Arbitration Act (FAA).  As ASE reported in its January 18th EPTW, SCOTUS had agreed to settle this issue by way of granting certiorari to three of five cases from different Appeals Courts having differing rulings on this issue. Now SCOTUS has postponed the employment law battle royale to next term.

Scheduling this case next year will allow the Supreme Court to be at full complement. Currently, and until President Trump’s nominee Judge Neil Gorsuch can be confirmed to the Court, the Court is only at eight judges. Court watchers were concerned that a decision could come from a tie vote in the even numbered court. With the confirmation of Judge Gorsuch, it is believed that he is more likely to support the intent of the FAA and class action waivers over prohibiting class action waivers that is favored by proponents of the NLRA and collective bargaining rights.

So the heavy-weight employment law ruling for 2017 will wait until next term.