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Category:Supreme Court

A Response: Is the New Prime Pill Even More Bitter?

Jan 23, 2019 Sharon Block

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 originalist-style rule of statutory construction that the Court majority endorsed in […]

Is New Prime a Poison Pill for Title VII?

Jan 22, 2019 Benjamin Sachs and Adrienne Spiegel

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 workers a victory, particularly in the arbitration context. And we think […]

The Supreme Court’s Latest Arbitration Decision is a Victory for Queer Workers

Jan 16, 2019 Jared Odessky

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 drivers, among the most common professions in the country. But it’s also a surprising win for LGBTQ workers. Whether or not they […]

Justice Powell Wouldn’t Recognize the Monster He Created

Dec 13, 2018 Andrew Strom

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 the U.S. Chamber of Commerce, has probably influenced the […]

Brief Round-up for New Prime Inc. v. Oliveira (Part 3 of 3)

Aug 20, 2018 Jared Odessky

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 Oliveira. Amicus Briefs for Oliveira The American Association for Justice explains that when the American Federation of Labor […]

Brief Round-up for New Prime Inc. v. Oliveira (Part 2 of 3)

Aug 17, 2018 Jared Odessky

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 employment context. Today we summarize the briefs submitted by amici curiae for New Prime, and […]

Brief Round-up for New Prime Inc. v. Oliveira (Part 1 of 3)

Aug 16, 2018 Jared Odessky

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 respondent Dominic Oliveira. Tomorrow we will summarize the briefs submitted by […]

Brett Kavanaugh, “Common Sense,” and Class Prejudice

Jul 12, 2018 Andrew Strom

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 illustrates, sometimes “common sense” can be a mask for class prejudice, and this is […]

Watch Out Workers, Here Comes Brett Kavanaugh

Jul 10, 2018 Andrew Strom

In 2010, a trainer at SeaWorld drowned when the killer whale she was working with during a performance “grabbed her and pulled her off the platform into the pool, refusing to release her.” The Occupational Safety and Health Administration (OSHA) investigated the incident and issued citations to SeaWorld for willfully exposing trainers to the recognized […]

The Kavanaugh Nomination and Labor

Jul 10, 2018 Sharon Block

Yesterday, President Trump nominated Brett Kavanaugh to replace retiring Justice Anthony Kennedy on the Supreme Court. Kavanaugh currently serves as a judge on the United States Appeals Court for the District of Columbia Circuit. He was nominated to the D.C. Circuit by President George Bush in 2003 but was not confirmed until 2006. Prior to […]

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OnLabor

Law. Workers. Organizing.

OnLabor is a blog devoted to workers, unions, and their politics. We interpret our subject broadly to include the current crisis in the traditional union movement (why union decline is happening and what it means for our society); the new and contested forms of worker organization that are filling the labor union gap; how work ought to be structured and managed; how workers ought to be represented and compensated; and the appropriate role of government — all three branches — in each of these issues.

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A Response: Is the New Prime Pill Even More Bitter?

Is New Prime a Poison Pill for Title VII?

The Supreme Court’s Latest Arbitration Decision is a Victory for Queer Workers

Justice Powell Wouldn’t Recognize the Monster He Created

Brief Round-up for New Prime Inc. v. Oliveira (Part 3 of 3)

Brief Round-up for New Prime Inc. v. Oliveira (Part 2 of 3)

Brief Round-up for New Prime Inc. v. Oliveira (Part 1 of 3)

Brett Kavanaugh, “Common Sense,” and Class Prejudice

Watch Out Workers, Here Comes Brett Kavanaugh

The Kavanaugh Nomination and Labor