Waiver of arbitration?

Some employers require employees to sign agreements that any labor disputes will be arbitrated and not litigated. A Taco Bell employee, who signed such agreement, nonetheless sued the employer for overtime violations, which the employer defended in court. Eight months after the suit was filed, the employer moved to compel arbitration to which the employee objected, arguing that by defending the suit the employer waived the right to arbitrate. Did the employee have to show prejudice in waiving the right? The U.S. Supreme Court unanimously ruled that prejudice isn’t required; only a showing that the party acted inconsistently with the right to arbitrate. #IdeaoftheDay