Ed Donohue Analyzes Impact of Epic Systems SCOTUS Decision on California Employers
In The News | 1 min read
Jul 18, 2018
Hinshaw partner and business litigator, Ed Donohue, recently published an analysis in the LA Daily Journal titled "An Epic shadow over PAGA," which discusses the potential implications for California employers of the U.S. Supreme Court decision in Epic Systems Corporation v. Lewis, 138 S. Ct. 1612 (2018). The Court ruled in Epic that an employer may lawfully require an employee to waive the right to bring a collective action under Section 16 of the Fair Labor Standards Act (FLSA). The court found a waiver found in the arbitration clause of an employment agreement must be enforced under the Federal Arbitration Act (FAA).
Donohue argues that the decision in Epic is significant for California employers for two reasons. First, the decision assures that employers with collective action waivers will be shielded from future multistate collective actions under the FLSA. Second, because collective actions under the FLSA are similar to representative actions under California's Private Attorneys General Act of 2004 (PAGA), the Epic Systems ruling will likely be raised by employers in challenges to California's judicially established rule that the right to bring representative claims under PAGA may not be waived in an employment arbitration agreement. Epic Systems casts doubt on current 9th Circuit precedent that holds the FAA does not preempt that rule.
Read the full article "An Epic shadow over PAGA," on the LA Daily Journal website.
Related Capabilities
Related Locations
Featured Insights

Press Release
Aug 7, 2026
Daniel McGrath Re-Elected Senior Director of the Federation of Defense & Corporate Counsel

Insights for Insurers Alert
Aug 7, 2026
California Supreme Court Clarifies Pleading Standards for Excess Policy Claims

Press Release
Aug 6, 2026
Charles Townsend Named a Best Mentor Finalist in the 2026 ALM Texas Legal Awards

Webinar
Aug 5, 2026
April Toy Moderates HNBA Webinar on AI in the Practice of Law

Privacy, Cyber & AI Decoded Alert
Aug 5, 2026
2026 AI Compliance: Upcoming Laws Every Organization Needs to Know

Press Release
July 21, 2026 | Updated on August 4, 2026
Three Hinshaw Attorneys Named to the 2026 National Black Lawyers’ Top 40 Under 40 List

Healthcare Alert
Aug 3, 2026
Fixing the Emergency Refill Trap: What California’s AB 1587 Means for Pharmacies

Consumer Crossroads: Where Financial Services and Litigation Intersect
Jul 30, 2026
Should Text Messages be Considered “Calls” Under the TCPA? The Seventh Circuit Says No

Healthcare Alert
Jul 30, 2026
California Courts Sharply Curtail the MICRA Damages Cap in Nursing Home Litigation

Insights for Insurers Alert
Jul 30, 2026
Analyzing a Couple of Cases Involving Exclusions in D&O Policies

In The News
Jul 29, 2026
Hinshaw Authors Contribute Two Articles in Latest Edition of the CCFL Quarterly Report

Webinar
Jul 28, 2026
Cathy Mulrow-Peattie and Sabrina Janeiro Present on Legal AI Technology
