When the Supreme Court decided Janus v. AFSCME last year, the five-justice majority invalidated key provisions of collective bargaining agreements governing millions of workers across twenty-two states. Specifically, the Court held that such agreements could n... More »
Yesterday the Supreme Court granted cert in three cases that will decide whether Title VII’s bar against discrimination because of sex extends to discrimination because of sexual orientation and gender identity. Just two years ago, advocates were cheering the ... More »
This morning the Supreme Court granted certiorari in three cases: Bostock v. Clayton County; Altitude Express, Inc. v. Zarda; and R.G. & G.R. Harris Funeral Homes v. EEOC. Bostock and Zarda are consolidated and present the question whether Title VII’s proh... More »
On March 19, a federal judge held that the Illinois Municipal Retirement Fund (IMRF) does not violate public employees’ First Amendment rights to free speech and freedom of association by investing their mandatory contributions in companies that indirectly sub... More »
Yesterday, Ben and Adrienne sounded a note of caution about the Supreme Court’s opinion in New Prime Inc. v. Oliveira, which in many ways constitutes a rare win for workers at the Court. They found a potential long-term problem for Title VII in the origi... More »
The Supreme Court’s opinion in New Prime Inc. v. Oliveira is rightly being heralded as a victory for workers. The Court, after all, has finally found a mandatory arbitration agreement that it won’t enforce. But it seems odd that this Supreme Court would hand w... More »
Yesterday the Supreme Court ruled in New Prime v. Oliveira that transportation workers, both employees and independent contractors, can sidestep forced arbitration and sue their bosses in court. The decision has big implications for America’s truckers and driv... More »
If you don’t know about the Powell Memo, you should. And, if you’ve heard of it, but haven’t read it, you ought to read it. The Powell Memo, written in 1971 by future Supreme Court Justice Lewis Powell to the Chairman of the Education Committee of ... More »
Last week we summarized the briefs submitted by petitioner New Prime Inc. and respondent Dominic Oliveira in New Prime Inc. v. Oliveira, as well as the briefs submitted by amici curiae for New Prime. Today we examine the briefs submitted by amicus curiae for ... More »
Yesterday we summarized the briefs submitted by petitioner New Prime Inc. and respondent Dominic Oliveira in New Prime Inc. v. Oliveira, the latest case before the Supreme Court to address the extent of the Federal Arbitration Act (FAA)’s reach in the em... More »
On October 3 the Supreme Court will hear oral argument in New Prime Inc. v. Oliveira, the first arbitration case before the justices since they decided Epic Systems in May. Today we recap the briefs submitted this summer by petitioner New Prime Inc. and respo... More »
In ruling on a case involving the rights of telephone company employees to wear union t-shirts while they were working, Brett Kavanaugh began his opinion with the observation that “common sense sometimes matters in resolving legal disputes.” But, as the case ... More »