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Arbitration & Class Action

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38 posts

 

New Prime Inc. v. Oliveira

Published April 26th, 2018 -

At the end of February, the Supreme Court granted cert. in New Prime, Inc. v. Oliveira.  In so doing, the Court added to the list of cases that examine how and to what extent the Federal Arbitration Act (FAA) applies in the employment context (see our coverage... More »

April 20th, 2018

Today’s News & Commentary — April 20, 2018

Published April 20th, 2018 -

Uber whistleblower Susan Fowler announced a groundbreaking bill in the California legislature to end the use of forced arbitration to cover up workplace sexual harassment. AB-3080 would prohibit employers from requiring workers or prospective employees to sign... More »

December 13th, 2017

Today’s News and Commentary — December 13, 2017

Published December 13th, 2017 -

Tomorrow, the National Labor Relations Board will publish a Request for Information in the Federal Register, asking for public input regarding the Board’s 2014 “Quickie Election” Rule.  The amendments, which took effect on April 14, 2015, allowed u... More »

 

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 »