Epic Systems is one part of the three companies facing class-action lawsuits disputing individual arbitration agreements. Along with Murphy Oil and Ernst & Young, it seems that contracts and or agreements previously signed by former employees are actually bound by the agreements in question.
The three – Epic v. Lewis along with the National Labor Relations Board v. Murphy Oil USA and Ernst & Young LLP v. Morris question how corporations deal with employee disputes. The complaint in Epic’s case involves a former employee (Lewis) who disputes that overtime payments where paid incorrectly by Epic, in accordance with the law and that the matter was not resolved internally. However, Lewis previously signed an “individual arbitration agreement” which is now being questioned on the basis that this issue could be in violation to federal and state laws.
Previous cases of similar nature will pose a great deal of deliberation as decisions by the Superior Court have been split, with the court coming down on both sides. Some circuits believe that the employer’s arbitration deals are illegal while other circuits believe the employee’s claims are illegal.
More details will be posted as the case unfurls.