Is labor once again becoming just a commodity? This conclusion is hard to escape in light of the Supreme Court’s recent decision in Epic Systems Corp. v. Lewis.Justice Neil M. Gorsuch, writing for a five–four majority, presents the Epic Systems decision as a relatively technical analysis of potentially conflicting provisions to two different statutes. He finds that the protections of concerted activity in Section 7 of the National Labor Relations Act (NLRA) do not trump the enforceability under the Federal Arbitration Act (FAA) of class action waivers contained in arbitration agreements.
