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#Federal Arbitration Act

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September 12th, 2019

Today’s News & Commentary — September 12, 2019

Published September 12th, 2019 -

In response to the California legislature’s passage of Assembly Bill 5 (AB5), a bill that largely codifies the California Supreme Court’s decision last year in Dynamex Operations West, Uber is claiming that it will continue to classify its workers as independe... More »

April 25th, 2019

Today’s News & Commentary — April 25, 2019

Published April 25th, 2019 -

In Lamps Plus v. Varela, the Supreme Court held yesterday that “[u]nder the Federal Arbitration Act, an ambiguous agreement cannot provide the necessary contractual basis for concluding that the parties agreed to submit to class arbitration.”  In the case, Lam... More »

February 28th, 2019

Today’s News & Commentary — February 28, 2019

Published February 28th, 2019 -

Later this morning, Senator Richard Blumenthal and Representatives Hank Johnson and Jerry Nadler will hold a press conference announcing the Forced Arbitration Injustice Repeal (FAIR) Act, a bill that would amend the Federal Arbitration Act to exempt mandatory... More »

February 14th, 2019

Today’s News & Commentary — February 14, 2019

Published February 14th, 2019 -

Yesterday New York City Council Members Brad Lander and Adrienne Adams introduced two bills that together would require fast-food corporations to demonstrate “just cause” for discharging employees.  The legislation has a broad definition of discharge, encompas... More »

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The Supreme Court Got it Half Right in New Prime

Published January 24th, 2019 -

When the Supreme Court issued its decision in New Prime Inc. v. Oliveira last week, it was reported as a win for workers.  While that’s true, it was more like winning a consolation game after a bad call by a ref deprived you of your rightful place in the champ... More »

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Is New Prime a Poison Pill for Title VII?

Published January 22nd, 2019 - and

The Supreme Court’s opinion in New Prime Inc. v. Oliveira is rightly being heralded as a victory for workers. The Court, after all, has finally found a mandatory arbitration agreement that it won’t enforce. But it seems odd that this Supreme Court would hand w... 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 »