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.
Susan Fowler, whose blog post publicized the sexist workplace culture at Uber, filed an amicus brief in support of employees in the consolidated cases of Murphy Oil USA, Epic Systems and Ernst and Young before the Supreme Court. The full brief is available here.
The brief uses Uber to illustrate why companies might opt to include class action waivers in arbitration agreements. Fowler argues that companies do not need “class action waivers to resolve disputes ‘cheaply or quickly.’” Instead, employers “require class actions waivers to limit or eliminate the legal risk associated with systemic—and potentially or certainly illegal—employment practices.”
Fowler contends that “[t]he right to litigate collectively is particularly important in the 21st century in that such litigation is the most readily available means for modern day workers to act in concert to improve their working conditions.” She maintains that “[m]uch of the modern workforce cannot reasonably engage in the ‘traditional’ concerted activity of striking or picketing.”
She then describes the important role of class actions in allowing workers to address workplace violations. The brief continues:
Collective litigation — when meritorious — usually results in settlement negotiations (or bargaining), a ‘collective’ settlement agreement, an improvement in working conditions, and a reduction of industrial strife. Without the right to collective litigation, there will be more systemic employment law violations, less effective ways to remedy them, and the balance between companies (i.e., capital) and talent (i.e., labor) will shift firmly in favor of capital.
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April 24
NLRB seeks to compel Amazon to collectively bargain with San Francisco warehouse workers, DoorDash delivery workers and members of Los Deliveristas Unidos rally for pay transparency, and NLRB takes step to drop lawsuit against SpaceX over the firing of employees who criticized Elon Musk.
April 22
DOGE staffers eye NLRB for potential reorganization; attacks on federal workforce impact Trump-supporting areas; Utah governor acknowledges backlash to public-sector union ban
April 21
Bryan Johnson’s ULP saga before the NLRB continues; top law firms opt to appease the EEOC in its anti-DEI demands.
April 20
In today’s news and commentary, the Supreme Court rules for Cornell employees in an ERISA suit, the Sixth Circuit addresses whether the EFAA applies to a sexual harassment claim, and DOGE gains access to sensitive labor data on immigrants. On Thursday, the Supreme Court made it easier for employees to bring ERISA suits when their […]
April 18
Two major New York City unions endorse Cuomo for mayor; Committee on Education and the Workforce requests an investigation into a major healthcare union’s spending; Unions launch a national pro bono legal network for federal workers.
April 17
Utahns sign a petition supporting referendum to repeal law prohibiting public sector collective bargaining; the US District Court for the District of Columbia declines to dismiss claims filed by the AFL-CIO against several government agencies; and the DOGE faces reports that staffers of the agency accessed the NLRB’s sensitive case files.