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Tag:murphy oil

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 […]

May 23, 2018
News & Commentary

Jared Odessky

The Supreme Court’s decision in Epic Systems Corp. v. Lewis, NLRB v. Murphy Oil, and Ernst & Young, LLP v. Morris continued to generate reactions on Tuesday. David Leonhardt explained in The New York Times that the ruling makes Corporate America more powerful at the expense of workers and reminded readers that the decision would have gone […]

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. […]

January 5, 2018
News & Commentary

Maddy Joseph

After the recent slashing of the corporate tax rate, companies continue to announce bonuses for workers. Jet Blue (whose flight attendants filed for an NLRB election in December) and Southwest join the list. Yet the union representing Southwest’s technical workers pointed out that some workers, who are awaiting an overdue collective bargaining agreement, haven’t had […]

At the Epic Systems Oral Argument, Chief Justice Roberts’ Hypothetical Didn’t Save the Day for the Employers

Oct 4, 2017 Andrew Strom

The day after the Epic Systems oral argument, the National Labor Relations Board’s General Counsel, Richard Griffin, sent an unusual letter to the Court. He disavowed his own answers to a line of questions by Chief Justice Roberts, and instead, he said that the NLRB agreed with the answers to the same questions provided by […]

The Epic Systems Oral Argument Did Not Go Well for the Employers (Though it May Not Matter)

Oct 4, 2017 Andrew Strom

The employers in the consolidated cases of Epic Systems Corp. v. Lewis, Ernst & Young LLP v. Morris, and NLRB v. Murphy Oil USA, Inc. hired Paul Clement, one of the most formidable Supreme Court advocates, to present their oral argument, but even he couldn’t parry the barrage of sharp questions from Justices Breyer, Ginsburg, […]

Murphy Oil Oral Argument Summary

Oct 3, 2017 Melissa Greenberg

This post is part of OnLabor’s continuing analysis of National Labor Relations Board v. Murphy Oil USA. Yesterday, the Supreme Court heard oral arguments in the consolidated cases of Murphy Oil USA, Epic Systems, and Ernst and Young. The court has released the transcript of this morning’s oral argument. It is available here. Opening for the employers, Paul Clement framed his […]

October 3, 2017
News & Commentary

Feyi Lawoyin

POLITICO reports that the Trump administration is weighing an executive order on low-income assistance plans. The order would instruct federal agencies to review such plans as part of a larger effort to “make sweeping changes to the country’s welfare system.” It is reported that the draft order directs agencies to develop new rules, notably, stricter […]

October 2, 2017
News & Commentary

Jyoti Jasrasaria

As the Supreme Court prepares to hear the consolidated cases of Murphy Oil USA, Epic Systems, and Ernst and Young today, David Freeman Engstrom penned an op-ed in the New York Times arguing for workplace class actions. He noted that as union membership and regulatory action have declined, litigation is the last remaining leveler for workers. Moreover, because individual […]

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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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Trump’s Justice Sticks it to Workers

Epic Fall Out: The Supreme Court and Concerted Activity

May 23, 2018

Murphy Oil Opinion

January 5, 2018

At the Epic Systems Oral Argument, Chief Justice Roberts’ Hypothetical Didn’t Save the Day for the Employers

The Epic Systems Oral Argument Did Not Go Well for the Employers (Though it May Not Matter)

Murphy Oil Oral Argument Summary

October 3, 2017

October 2, 2017