Melissa Greenberg is a student at Harvard Law School.
This post is part of OnLabor’s continuing analysis of National Labor Relations Board v. Murphy Oil USA.
As reported by Law360, the Supreme Court has informed the parties in Murphy Oil, Ernst & Young, and Epic Systems that the Court will postpone oral argument until next term, which begins in October 2017. The Court granted certiorari in January. Law360 points out that Judge Neil Gorsuch will likely be confirmed to the Court by this fall, assuming that Senate Democrats do not decline to confirm his nomination. Some followers of the Court believed the justices would be evenly split on the enforceability of class action waivers in employment contracts, and Gorsuch could provide the tie-breaking vote. A separate Law360 piece analyzing Gorsuch’s previous arbitration agreement and class action decisions suggested that “employers may have reason to be optimistic” in Murphy Oil with Gorsuch on the Court.
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December 18
New Jersey adopts disparate impact rules; Teamsters oppose railroad merger; court pauses more shutdown layoffs.
December 17
The TSA suspends a labor union representing 47,000 officers for a second time; the Trump administration seeks to recruit over 1,000 artificial intelligence experts to the federal workforce; and the New York Times reports on the tumultuous changes that U.S. labor relations has seen over the past year.
December 16
Second Circuit affirms dismissal of former collegiate athletes’ antitrust suit; UPS will invest $120 million in truck-unloading robots; Sharon Block argues there are reasons for optimism about labor’s future.
December 15
Advocating a private right of action for the NLRA, 11th Circuit criticizes McDonnell Douglas, Congress considers amending WARN Act.
December 12
OH vetoes bill weakening child labor protections; UT repeals public-sector bargaining ban; SCOTUS takes up case on post-arbitration award jurisdiction
December 11
House forces a vote on the “Protect America’s Workforce Act;” arguments on Trump’s executive order nullifying collective bargaining rights; and Penn State file a petition to form a union.