On May 26, the U.S. Court of Appeals for the Seventh Circuit decided in Lewis v. Epic Systems Corp. that an arbitration agreement that prohibited employees from participating in any class, collective, or representative proceeding violated the employees’ right to engage in protected concerted activity under Section 7 of the National Labor Relations Act. The NLRB has taken the same position since its 2012 decision in D.R. Horton, Inc. The Lewisdecision appears to be the first time that a U.S. appeals court has agreed with the NLRB.The Second, Fifth, and Eighth circuits have rejected the Board’s position, and a case involving the issue is pending before the Ninth Circuit. Most recently, in the June 2 decision in Cellular Sales of Missouri, LLC v. NLRB, the Eighth Circuit held that a provision in an employment agreement that required individual arbitration of disputes did not violate the NLRA. The court thus refused to enforce an NLRB order to rescind the agreement. The split among the circuits on this issue of importance to employers, employees, and the current NLRB majority arguably makes the issue ripe for review by the U.S. Supreme Court.