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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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A Response: Is the New Prime Pill Even More Bitter?

Published January 23rd, 2019 -

Yesterday, Ben and Adrienne sounded a note of caution about the Supreme Court’s opinion in New Prime Inc. v. Oliveira, which in many ways constitutes a rare win for workers at the Court.  They found a potential long-term problem for Title VII in the origi... 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 »