Will Masterpiece Cakeshop and Janus Create a First Amendment Right to Strike for Teachers?
Sometime in the next few weeks, the Supreme Court will issue its decision in Masterpiece...
January 24th 2021
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Sometime in the next few weeks, the Supreme Court will issue its decision in Masterpiece...
Mark Janus’s lawyers are desperate to have the Court decide Janus v. AFSCME without considering...
Most of the coverage of Janus v. AFSCME, like this recent piece in USA Today, simply (and...
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?
Two cases before the Supreme Court this Term will determine the extent to which political...
In light of the Court's grant of cert. in Janus v. AFSCME, I'm posting my new draft article on...
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...
Maddy's excellent wrap-up of yesterday's Janus news includes a clip from Slate's piece...
The Supreme Court decided yesterday to hear Janus v. AFSCME. The Court seems poised to hold...
The Supreme Court will hear Janus v. AFSCME and revisit the constitutional status of agency fee...
Sharon and I have a piece up on Quartz today that highlights an argument in the...