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9 posts

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 »

Susan Fowler Files Amicus Brief in Murphy Oil

Published August 28th, 2017 -

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 Mu... More »

Solicitor General Reverses Position in Murphy Oil

Published June 19th, 2017 -

This post is part of OnLabor’s continuing analysis of National Labor Relations Board v. Murphy Oil USA. Despite previously submitting a petition for writ of certiorari for the National Labor Relations Board, the Solicitor General’s office has reversed its posi... More »

How Bad Could it Get (Legally)?

Published May 26th, 2017 -

It’s a good moment to think creatively and expansively about how to revitalize the U.S. labor movement.  This important work is underway, with contributions from academics, labor lawyers, union organizers, and others.  Substantive debates about the futur... More »