Building on last year's Supreme Court decision in Epic Systems.

Our blog is non-partisan, but I must speak out!

I can't imagine why they would.

The Court has delivered employers their first loss in an arbitration case in decades.

It appears so, but employers should still be cautious.

There are cons, as well as pros.

Here are some initial thoughts.

Employers, has this ever happened to you?

A guy (we'll call him "Ryan") comes to work for you through a temporary agency. The agency issues the paychecks and generally acts as Ryan's "HR" representative. Your company pays the agency but does not directly pay Ryan.

But when Ryan comes to work, he is supervised by Michael, who is one of your employees. Michael takes Ryan under his ...

Me and my nerdy mind.

It's too soon for me to have an opinion about who's right and who's wrong in the Gretchen Carlson-Roger Ailes sexual harassment case. Some very disturbing allegations have been made about Mr. Ailes' (long before Fox) having a "casting couch" for prospective female talent. If that's true, then it's disgusting.

On the other hand, a number of current and former ...

If you want your arbitration agreement to be enforceable, don't give it to your employee to sign while she is drunk and practically naked. At least, not in California.