Epic and Lamps Plus: Employment Contracts, Arbitration Agreements and Class Waivers
Recording of a 90-minute CLE webinar with Q&A
This CLE course will discuss the recent Supreme Court decisions in Epic Systems Corp. v. Lewis and Lamps Plus v. Valera and their impact on employment contracts, class waivers, and arbitration agreements for employers and employees.
Outline
- Overview of Epic and Lamps Plus rulings and impact on employment contracts
- Strategies for employers in drafting enforceable arbitration agreements and class waivers
- Discussion of pending or recently enacted legislation designed to limit the use of arbitration, including a recent bill introduced in Congress to amend the FAA
- Tactics to expect from plaintiffs' counsel in light of the increasing use of class action waivers
Benefits
The panel will review these and other relevant topics:
- What exactly do the Epic and Lamps Plus rulings allow regarding mandatory arbitration agreements and class waivers in employment contracts?
- What should employers be doing to ensure their arbitration programs are enforceable?
- What is on the horizon for proposed or recent legislation that may affect the Epic and Lamps Plus decisions?
- What new strategies should employers expect to see from plaintiffs' attorneys in light of the potential increased use of class and collective action waivers?
Faculty

Seth R. Lesser
Founding Partner
Klafter Olsen & Lesser
Mr. Lesser practices in the areas of consumer advocacy, wage and hour litigation, and corporate governance, primarily... | Read More
Mr. Lesser practices in the areas of consumer advocacy, wage and hour litigation, and corporate governance, primarily on behalf of defrauded consumers, employees and businesses. Since 1995, Mr. Lesser has represented plaintiffs in individual, class, collective and mass tort cases. He regularly speaks and writes on these topics, and is a co-editor of a treatise on class action law. Mr. Lesser has been the lead plaintiffs’ counsel in dozens of successful individual, class and/or collective actions in the areas of securities, employment, privacy and mass tort litigation.
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Michael W. Massiatte
Of Counsel
DLA Piper
Mr. Massiatte focuses his practice on labor and employment matters, including employee relations, employee benefits,... | Read More
Mr. Massiatte focuses his practice on labor and employment matters, including employee relations, employee benefits, and obligations arising in connection with mergers and acquisitions. He also counsels clients on litigation, commercial transactions, corporate compliance and ethics, and risk management matters and he frequently conducts high-level internal investigations. Mr. Massiatte provides advice and counseling to entities of all sizes, ranging from Fortune 100 companies to startups, on a wide range of business and employment-related issues. He regularly works with employers to review and update employment policies and to provide training on a wide range of topics.
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Christopher C. Murray
Shareholder
Ogletree Deakins Nash Smoak & Stewart
Mr. Murray has extensive experience defending the use of class action waivers in employment arbitration agreements. He... | Read More
Mr. Murray has extensive experience defending the use of class action waivers in employment arbitration agreements. He was principally responsible for the employers’ briefing in both D.R. Horton, Inc. v. N.L.R.B, in which the Fifth Circuit rejected the National Labor Relations Board’s attempt to ban class action waivers, and in Patterson v. Raymours Furniture Co., Inc. in which the Second Circuit adhered to its earlier rejection of the NLRB’s position. More recently, he drafted an amicus brief on these issues on behalf of multiple organizations for the Supreme Court’s pending cases.
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