Paul DeCamp Quoted in “The #MeToo Implications of the Supreme Court’s Workplace Class-Action Case”

The National Law Journal

Paul DeCamp, Member of the Firm in the Employment, Labor & Workforce Management practice, in the firm’s Washington, DC office, was quoted in The National Law Journal, in “The #MeToo Implications of the Supreme Court's Workplace Class-Action Case,” by Erin Mulvaney. (Read the full version – subscription required.)

Following is an excerpt:

The U.S. Supreme Court heard arguments in the consolidated cases at the start of the term in October, just before the #MeToo movement would take off nationally.

The outcome of the major U.S. Supreme Court case over whether companies can ban class actions in employment agreements holds new importance as women join together to speak out against sexual misconduct in the workplace, former National Labor Relations Board general counsel Richard Griffin said Wednesday. …

The trio of consolidated cases at the high court confront whether workplace arbitration agreements that ban class actions violate the National Labor Relations Act because they restrict employees’ rights to engage in concerted activities. Employers and workers’ rights advocates are watching this case closely. Dozens of companies have cases on hold pending the outcome of the dispute at the Supreme Court. …

Griffin and fellow experts on labor and employment, former NLRB member Sharon Block, Epstein, Becker & Green member Paul DeCamp and Seyfarth Shaw partner Alexander Passantino, spoke on Wednesday’s panel. …

DeCamp said he thinks Congress should settle the question about whether Section 7 can prohibit class actions. The current makeup of the Republican-led National Labor Relations Board, he said, would not likely have come to the same conclusion as the Obama-era board did.