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.
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July 4
The DOL scraps a Biden-era proposed rule to end subminimum wages for disabled workers; millions will lose access to Medicaid and SNAP due to new proof of work requirements; and states step up in the noncompete policy space.
July 3
California compromises with unions on housing; 11th Circuit rules against transgender teacher; Harvard removes hundreds from grad student union.
July 2
Block, Nanda, and Nayak argue that the NLRA is under attack, harming democracy; the EEOC files a motion to dismiss a lawsuit brought by former EEOC Commissioner Jocelyn Samuels; and SEIU Local 1000 strikes an agreement with the State of California to delay the state's return-to-office executive order for state workers.
July 1
In today’s news and commentary, the Department of Labor proposes to roll back minimum wage and overtime protections for home care workers, a federal judge dismissed a lawsuit by public defenders over a union’s Gaza statements, and Philadelphia’s largest municipal union is on strike for first time in nearly 40 years. On Monday, the U.S. […]
June 30
Antidiscrimination scholars question McDonnell Douglas, George Washington University Hospital bargained in bad faith, and NY regulators defend LPA dispensary law.
June 29
In today’s news and commentary, Trump v. CASA restricts nationwide injunctions, a preliminary injunction continues to stop DOL from shutting down Job Corps, and the minimum wage is set to rise in multiple cities and states. On Friday, the Supreme Court held in Trump v. CASA that universal injunctions “likely exceed the equitable authority that […]