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17 posts

Today’s News and Commentary — June 14, 2018

Published June 14th, 2018 -

On Tuesday, Washington governor Jay Inslee signed an executive order intended to mitigate the fallout from the Supreme Court’s recent decision in Epic Systems. In the order, the governor instructs state agencies to contract only with businesses who can demonst... More »

Trump’s Justice Sticks it to Workers

Published May 24th, 2018 -

After the oral argument in Epic Systems Corp. v. Lewis, I wrote that the five Republican appointees on the Supreme Court would have to put their thumbs heavily on the scale for the employers to prevail. Sadly, it was no surprise that this is exactly what happe... More »

Murphy Oil Opinion

Published May 21st, 2018 -

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 notab... More »

New Prime Inc. v. Oliveira

Published April 26th, 2018 -

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... More »

Today’s News & Commentary — April 19, 2018

Published April 19th, 2018 -

Harvard University graduate students began voting Wednesday on whether to unionize, following the successful unionization efforts at Columbia University, New York University, and other schools. This is the second union election in a years-long effort to unioni... More »

Today’s News & Commentary — January 5, 2018

Published January 5th, 2018 -

After the recent slashing of the corporate tax rate, companies continue to announce bonuses for workers.  Jet Blue (whose flight attendants filed for an NLRB election in December) and Southwest join the list.  Yet the union representing Southwest’s techn... More »

Today’s News and Commentary — December 13, 2017

Published December 13th, 2017 -

Tomorrow, the National Labor Relations Board will publish a Request for Information in the Federal Register, asking for public input regarding the Board’s 2014 “Quickie Election” Rule.  The amendments, which took effect on April 14, 2015, allowed u... More »

An Ominous Denial of Certiorari

Published November 9th, 2017 -

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... More »

Today’s News & Commentary — October 2, 2017

Published October 2nd, 2017 -

As the Supreme Court prepares to hear the consolidated cases of Murphy Oil USA, Epic Systems, and Ernst and Young today, David Freeman Engstrom penned an op-ed in the New York Times arguing for workplace class actions.  He noted that as union membership and re... More »

The (Other) Problem in Murphy Oil

Published September 28th, 2017 -

Sharon and I have a piece up on Quartz today that highlights an argument in the Government’s Murphy Oil brief. To us, it looks like the Trump Administration is laying the groundwork to curtail protection for concerted activity outside the union organizin... More »