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21 posts

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 »

Today’s News & Commentary — May 23, 2018

Published May 23rd, 2018 -

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 powe... 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 »

Today’s News & Commentary — January 5, 2018

Published January 5th, 2018 -

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 techn... More »

Murphy Oil Oral Argument Summary

Published October 3rd, 2017 -

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 th... More »

Today’s News & Commentary—October 3, 2017

Published October 3rd, 2017 -

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 welf... More »

Today’s News & Commentary — October 2, 2017

Published October 2nd, 2017 -

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 re... More »

Today’s News & Commentary — September 29, 2017

Published September 29th, 2017 -

The Supreme Court will consider whether agency-fee agreements in the public sector are constitutional.  Read our round up of coverage on the cert. grant in Janus v. AFSCME here. In other Supreme Court news, at Slate, Daniel Hemel explores Murphy Oil‘s po... More »