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#Federal Arbitration Act

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14 posts

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 »

 

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 »