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23 posts

January 16th, 2019

Today’s News & Commentary — January 16, 2019

Published January 16th, 2019 -

Yesterday, the Supreme Court announced a rare, unanimous victory for workers in New Prime v. Oliveira, ruling that transportation workers cannot be forced into mandatory arbitration when their rights are violated at work. Section 1 of the Federal Arbitration A... More »

November 29th, 2018

Today’s News & Commentary

Published November 29th, 2018 -

Harvard Law School’s Pipeline Parity Project saw another success in its campaign to end forced arbitration in employment disputes when Sidley Austin, one of the United States’ 10 largest law firms, announced that it would bow to pressure and elimin... More »

October 1st, 2018

Today’s News & Commentary

Published October 1st, 2018 -

On the cusp of an ideological majority for the first time in over half a century, the U.S. Supreme Court begins its new term today, again – like in 2016 – with an 8-Justice lineup.  While the fate of the current nominee is uncertain, the Court is slated for wh... More »

August 23rd, 2018

Today’s News & Commentary — August 23, 2018

Published August 23rd, 2018 -

Responding to the #MeToo movement and the Supreme Court’s decision in Epic Systems, the California State Senate passed a bill that would prohibit employers from requiring a mandatory arbitration provision or nondisclosure agreement as a condition of empl... More »

June 14th, 2018

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 »

April 19th, 2018

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 »