Murphy Oil Opinion
The Supreme Court holds this morning in Murphy Oil that class and collective action bars in...
January 26th 2021
Category
The Supreme Court holds this morning in Murphy Oil that class and collective action bars in...
Cornell University violated the National Labor Relations Act in March of 2017, but Cornell...
At the end of February, the Supreme Court granted cert. in New Prime, Inc. v. Oliveira. In so...
Uber whistleblower Susan Fowler announced a groundbreaking bill in the California legislature...
Tomorrow, the National Labor Relations Board will publish a Request for Information in the...
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 the subject. The Court’s denial of certiorari in Opalinski v. Robert Half International, Inc., 583 U.S. — (No. 16-1456) (Order List of October 30, 2017, p. 10) thus put a precipitous and somewhat unexpected end to a bit of suspense about this case over the last few months. While the arbitration spotlight is currently focused on the Court’s consideration of whether enforcement of class arbitration waivers violate the National Labor Relations Act, see, Epic Systems Corp. v Lewis, No. 16-285 (argued in tandem with Ernst & Young LLP v. Morris, No. 16-300 and N.L.R.B. v. Murphy Oil USA, No. 16-307 on October 2, 2017), lurking in the shadows is a corollary issue presented in Opalinski: What happens when an employment agreement specifying arbitration does not contain such a class action waiver? That is, if an agreement says nothing about class arbitration one way or the other, who decides whether class treatment is permissible? More precisely, is class treatment a procedural question for an arbitrator or is it a gateway arbitrability question for a judge to decide?
The day after the Epic Systems oral argument, the National Labor Relations Board’s General...
The employers in the consolidated cases of Epic Systems Corp. v. Lewis, Ernst & Young LLP...
This post is part of OnLabor’s continuing analysis of National Labor Relations Board v....
This post is part of OnLabor’s continuing analysis of National Labor Relations Board v....
Sharon and I have a piece up on Quartz today that highlights an argument in the...
This post is part of OnLabor’s continuing analysis of National Labor Relations Board v....