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Machado v. System4

Machado v. System4

Public Justice and Public Citizen filed an amici brief urging the Massachusetts Supreme Judicial Court to affirm a trial court’s decision not to compel arbitration claims brought by a putative class of largely immigrant and non-English-speaking janitorial workers who allegedly suffered egregious wage violations under Massachusetts state law.

The brief argues that the employer’s arbitration agreement, which contained a class action ban, violated the workers’ substantive right to engage in concerted activity under the National Labor Relations Act (NLRA), and that this interpretation of the NLRA is consistent with federal arbitration law and does not run contrary to the U.S. Supreme Court’s decisions in AT&T Mobility v. Concepcion and CompuCredit v. Greenwood.

The brief was written by Public Justice Senior Attorneys Victoria Ni and Paul Bland, Staff Attorneys Matt Wessler and Leslie Bailey, and Brayton-Thornton Attorney Spencer Wilson, with assistance from Scott Nelson of Public Citizen.



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