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Arbitration & Class Action

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23 posts

An Ominous Denial of Certiorari

Published November 9th, 2017 -

Last week the Supreme Court passed up an opportunity to resolve a hotly disputed aspect of employment arbitration law: Whether judges or arbitrators should decide whether class (or collective) arbitration is available when an arbitration agreement is silent on... More »

Murphy Oil Oral Argument Summary

Published October 3rd, 2017 -

This post is part of OnLabor’s continuing analysis of National Labor Relations Board v. Murphy Oil USA. Yesterday, the Supreme Court heard oral arguments in the consolidated cases of Murphy Oil USA, Epic Systems, and Ernst and Young.  The court has released th... More »

The (Other) Problem in Murphy Oil

Published September 28th, 2017 -

Sharon and I have a piece up on Quartz today that highlights an argument in the Government’s Murphy Oil brief. To us, it looks like the Trump Administration is laying the groundwork to curtail protection for concerted activity outside the union organizin... More »

Susan Fowler Files Amicus Brief in Murphy Oil

Published August 28th, 2017 -

This post is part of OnLabor’s continuing analysis of National Labor Relations Board v. Murphy Oil USA. Susan Fowler, whose blog post publicized the sexist workplace culture at Uber, filed an amicus brief in support of employees in the consolidated cases of Mu... More »

Today’s News and Commentary — July 12, 2017

Published July 12th, 2017 -

JD Supra offers some analysis on the implementation of New York City’s “”Freelance Isn’t Free” Act, which took effect on May 15, 2017. The NYC Department of Consumer Affairs, tasked with enforcing the new law, recently issued rule... More »