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11 posts

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 »

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 »

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 »

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 »

Today’s News & Commentary — May 28, 2018

Published May 28th, 2018 -

Following the Supreme Court’s decision in Epic Systems v. Lewis, Chipotle has asked the Federal District Court of Colorado to exclude 2,814 workers from a wage theft lawsuit because these workers signed mandatory arbitration agreements barring them from partic... 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 »

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 »