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 »
In September, we worried that the Trump Administration was using Epic Systems (aka Murphy Oil) to lay the groundwork for curtailing protection of concerted activity outside the union organizing and collective bargaining context. To our relief, Epic Systems do... More »
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 »
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 »
This post is part of OnLabor’s continuing analysis of National Labor Relations Board v. Murphy Oil USA. The National Labor Relations Board filed its reply brief in National Labor Relations Board v. Murphy Oil USA on Wednesday. Although the Solicitor General’s... More »
This post is part of OnLabor’s continuing analysis of National Labor Relations Board v. Murphy Oil USA. On Friday, counsel for the petitioners in National Labor Relations Board v. Murphy Oil USA and Epic Systems Corporation v. Jacob Lewis filed their opening m... More »