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More Epic Fall Out: Your Lawsuit or Your Job

Published June 24th, 2019 -

Last year, Ben and I flagged concerns about the breadcrumbs that the Supreme Court dropped in its opinion in Epic Systems v. Lewis on the path to narrowing the National Labor Relations Act’s protection for concerted activity.  A recent filing by the Board’s Ge... More »

May 3rd, 2019

Today’s News & Commentary — May 3, 2019

Published May 3rd, 2019 -

On Thursday, House and Senate Democrats introduced the Protecting the Right to Organize (PRO) Act, which seeks to strengthen workers’ rights to organize and bargain. Some of the bill’s highlights: Amending the definition of employee to prevent misclassificatio... More »

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A Response: Is the New Prime Pill Even More Bitter?

Published January 23rd, 2019 -

Yesterday, Ben and Adrienne sounded a note of caution about the Supreme Court’s opinion in New Prime Inc. v. Oliveira, which in many ways constitutes a rare win for workers at the Court.  They found a potential long-term problem for Title VII in the origi... More »

December 21st, 2018

Today’s News & Commentary

Published December 21st, 2018 -

Chipotle’s forced arbitration agreements are backfiring spectacularly, reported the Huffington Post. Like the 12,000 drivers pursuing arbitration against Uber, workers are flooding the burrito chain with arbitration cases after the company blocked their claims... More »

September 26th, 2018

Today’s News & Commentary — September 26, 2018

Published September 26th, 2018 -

California Governor Jerry Brown just signed a new law holding retail companies jointly liable for labor violations suffered by truckers who are directly managed by port trucking providers. The legislation follows growing awareness of rampant labor abuse in tru... 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 19th, 2018

Today’s News & Commentary — June 19, 2018

Published June 19th, 2018 -

In the wake of the Epic Systems decision, U.S. companies are flocking to include forced arbitration and class action waiver clauses in their contracts.  Attorney Ron Chapman of Ogletree Deakins helped create an arbitration clause generator on his firm’s ... 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 »

June 7th, 2018

Today’s News & Commentary — June 7, 2018

Published June 7th, 2018 -

A new survey by the Pew Research Center finds that over half of Americans view the decline in labor union density negatively, while just over a third see the traditional labor movement’s shrinking membership in a positive light.  The results reflect a partisan... More »

June 4th, 2018

Today’s News and Commentary — June 4, 2018

Published June 4th, 2018 -

The Culinary Workers Union Local 226 has reached tentative agreements that would cover about half of its 50,000 hotel and casino workers who voted to strike this month in Las Vegas. Local 226 has now reached tentative agreements with both Caesars and MGM, but ... More »