Supreme Court Rules in Favor of EY in Closely Watched Employment Case

May 2018

Ernst & Young (EY) retained Williams & Connolly as lead counsel in the Supreme Court on appeal from an adverse decision by the Ninth Circuit regarding the enforceability of EY’s arbitration agreement with its employees. The question presented in the case is whether the collective-bargaining provisions of the National Labor Relations Act prohibit the enforcement of an agreement requiring an employee to arbitrate claims against an employer on an individual, rather than collective, basis. After Williams & Connolly filed a petition for certiorari, the Supreme Court granted review.

On May 21, 2018, in a 5-4 decision, the Supreme Court ruled in favor of EY and other employers. The decision validates the legality of employment agreements that require individual arbitration.    

The Williams & Connolly team included Kannon Shanmugam, Allison Jones Rushing, Josh Podoll, William Marks, and Eden Schiffmann

back to top