On May 23, 2022, the United States Supreme Court issued an Opinion holding that a party opposing arbitration does not have to show prejudice to prove waiver. One of the ways employees fight employers that are trying to force their employment lawsuit into private arbitration instead of a jury of your peers is to argue the employer has waived their right to enforce arbitration by continuing to litigate the case. In this case the employer litigated the case for eight months in federal court before seeking to compel arbitration. The Eighth Circuit had held the employee has to show undue delay and specify how they have been prejudiced by that delay. The Supreme Court overruled the Eighth Circuit by holding prejudice is not a requirement.