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Murphy Oil Opinion

Murphy Oil Opinion

The Supreme Court holds this morning in Murphy Oil that class and collective action bars in arbitration agreements are enforceable under the Federal Arbitration Act (FAA) and are not incompatible with the NLRA.  The majority opinion by Justice Gorsuch is notable...

New Prime Inc. v. Oliveira

New Prime Inc. v. Oliveira

At the end of February, the Supreme Court granted cert. in New Prime, Inc. v. Oliveira.  In so doing, the Court added to the list of cases that examine how and to what extent the Federal Arbitration Act (FAA) applies in the employment context (see our coverage of...

Using History to See the Glass Part Full in Janus v. AFSCME

Using History to See the Glass Part Full in Janus v. AFSCME

Janus v. AFSCME will soon decide the constitutional fate of fair-share fees for public sector unions. These fees support unions’ collective bargaining work on behalf of employees they are legally required to represent but who are not union members. Most prognosticators expect the Supreme Court to hand the National Right to Work Legal Defense Foundation (NRTWLDF) a win on its claim that such fees violate the First Amendment rights of non-union workers. Yet, as I develop further below, the history that led to Janus offers three thin rays of hope to the labor movement.