The Seventh Circuit’s Epic opinion creat

The Seventh Circuit’s Epic opinion created a split among the circuits regarding the enforceability of class action waivers in the employment context. Within the Seventh Circuit, such waivers are presently not enforceable because they violate employees’ Section 7 NLRA rights to engage in concerted activity. Elsewhere, the pro-arbitration policy of the FAA overrides Section 7 interests and requires enforcement of the class waivers. Potential Supreme Court review could provide a uniform rule or simply prolong the uncertainty with a 4-4 split.