Melissa Greenberg is a student at Harvard Law School.
This post is part of OnLabor’s continuing analysis of National Labor Relations Board v. Murphy Oil USA.
In the lead up to the Supreme Court’s oral arguments on October 2, 2017 in the consolidated cases of Murphy Oil USA, Epic Systems, and Ernst and Young, the Economic Policy Institute published a paper examining the prevalence of arbitration agreements among America’s workers. The report is available in full here. The report examines the rise of these agreements following the Supreme Court’s 1991 decision in Gilmer v. Interstate/Johnson Lane Corp., which held that the Federal Arbitration Act applied to employment agreements. The report calculates that more than 60 million workers in nonunion workplaces have mandatory arbitration agreements. Approximately 30 percent of employers with these types of agreements also have class action waiver provisions. These statistics highlight the high stakes for workers in the outcome of these cases before the Court.
Scotusblog reports that Paul Clement, who is currently at Kirkland Ellis and previously served as solicitor general, will argue the case for the employers in the consolidated cases. He will split his time with the Solicitor General’s office. Counsel for the parties representing the employees will split their argument time with the National Labor Relations Board.
Daily News & Commentary
Start your day with our roundup of the latest labor developments. See all
October 22
SCOTUS declines Wilcox appeal; Penn State research assistants win bargaining rights; SEIU sued over military leave firing.
October 21
DOL withdraws tipped-worker rule; Instacart settles hiring-bias claims; Phillips 66 locks out New Jersey refinery workers.
October 20
Korean unions oppose labor exemption bill; Portland city workers prepare for strike; UPenn grad student union looks to dismiss university filing
October 19
FDA reverses course on policy prohibiting off-duty union activity; FAA and NATCA reach deal to secure pay increase for air traffic controllers.
October 18
Federal judge again halts cancellation of the Bureau of Prisons’ CBA; tabletop gaming workers face roadblocks in union recognition.
October 16
Department of Labor reduces wage-and-hour enforcement at unionized workplaces; Fain's victory poses question of federal monitor's extension.