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Tag:Federal Arbitration Act

Brief Round-up for New Prime Inc. v. Oliveira (Part 2 of 3)

Aug 17, 2018 Jared Odessky

Yesterday we summarized the briefs submitted by petitioner New Prime Inc. and respondent Dominic Oliveira in New Prime Inc. v. Oliveira, the latest case before the Supreme Court to address the extent of the Federal Arbitration Act (FAA)’s reach in the employment context. Today we summarize the briefs submitted by amici curiae for New Prime, and […]

Brief Round-up for New Prime Inc. v. Oliveira (Part 1 of 3)

Aug 16, 2018 Jared Odessky

On October 3 the Supreme Court will hear oral argument in New Prime Inc. v. Oliveira, the first arbitration case before the justices since they decided Epic Systems in May. Today we recap the briefs submitted this summer by petitioner New Prime Inc. and respondent Dominic Oliveira. Tomorrow we will summarize the briefs submitted by […]

Trump’s Justice Sticks it to Workers

May 24, 2018 Andrew Strom

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 happened. At one point, Justice Gorsuch asserted that using […]

Epic Fall Out: The Supreme Court and Concerted Activity

May 23, 2018 Benjamin Sachs and Sharon Block

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 does limited damage to section 7 of the NLRA: the Court refuses to recognize in § 7 […]

Murphy Oil Opinion

May 21, 2018 Maddy Joseph

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 notable for its reading of Section 7 as not protecting recourse to group litigation processes. […]

New Prime Inc. v. Oliveira

Apr 26, 2018 Feyi Lawoyin

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 of Epic Systems). The FAA The FAA makes arbitration […]

National Labor Relations Board’s Reply Brief Filed in Murphy Oil

Aug 11, 2017 Melissa Greenberg

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 office had reversed its position earlier this summer, the Solicitor General gave the Board […]

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OnLabor

Law. Workers. Organizing.

OnLabor is a blog devoted to workers, unions, and their politics. We interpret our subject broadly to include the current crisis in the traditional union movement (why union decline is happening and what it means for our society); the new and contested forms of worker organization that are filling the labor union gap; how work ought to be structured and managed; how workers ought to be represented and compensated; and the appropriate role of government — all three branches — in each of these issues.

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Brief Round-up for New Prime Inc. v. Oliveira (Part 2 of 3)

Brief Round-up for New Prime Inc. v. Oliveira (Part 1 of 3)

Trump’s Justice Sticks it to Workers

Epic Fall Out: The Supreme Court and Concerted Activity

Murphy Oil Opinion

New Prime Inc. v. Oliveira

National Labor Relations Board’s Reply Brief Filed in Murphy Oil

Opening Brief Filed in Murphy Oil