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A Quick Look at the Supreme Court’s Fresh Focus on Employment Arbitration

Jun 22, 2022 Jonathan R. Harkavy

In the shadow of a Supreme Court docket about to nullify women’s autonomy, agency, and humanity, and amplify public danger from carrying guns outside the home, it would be easy to overlook the Court’s quiet focus on employee arbitration. Four decisions (all in cases brought by women) touch directly on workplace arbitration, and the early […]

Viking River: Understanding What the Court’s Newest Arbitration Case Does to PAGA (and How California Can Fix It)

Jun 16, 2022 Anita Alem

The Supreme Court ruled on Wednesday in Viking River Cruises Inc., v. Moriana that the Federal Arbitration Act (FAA) preempted in part California’s “Private Attorney Generals Act” (PAGA). The majority opinion by Justice Alito nonetheless hinted that the legislature may have leeway to amend the statute and perhaps avoid FAA preemption.

PAGA at the Supreme Court: An Update on Viking River Cruises

Mar 16, 2022 Grace Bennett

On March 30, the Supreme Court will hear oral arguments in Viking River Cruises, Inc. v. Moriana. The case focuses on whether California employers can force employees to waive their right to bring claims under the Private Attorney Generals Act, which allows California workers to sue their employers on behalf of the state for employment […]

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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A Quick Look at the Supreme Court’s Fresh Focus on Employment Arbitration

Viking River: Understanding What the Court’s Newest Arbitration Case Does to PAGA (and How California Can Fix It)

PAGA at the Supreme Court: An Update on Viking River Cruises