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Tag:class action waivers

Collective Action Notice Requirements: The Next Hurdle in the Arbitration Fight

Apr 30, 2020 Alisha Jarwala

Following the Supreme Court’s decision in Epic Systems Corp v. Lewis, which upheld employer use of class and collective action waivers, plaintiffs’ lawyers have turned to filing hundreds or thousands of simultaneous individual arbitrations against employers. This strategy can pressure companies to change arbitration policies or to settle claims, because large numbers of individual arbitrations […]

June 19, 2018
News & Commentary

Vail Kohnert-Yount

In the wake of the Epic Systems decision, U.S. companies are flocking to include forced arbitration and class action waiver clauses in their contracts. Attorney Ron Chapman of Ogletree Deakins helped create an arbitration clause generator on his firm’s website that went live soon after the ruling. “A lot of companies were waiting on the Supreme Court to […]

June 14, 2018
News & Commentary

Ryan Wheeler

On Tuesday, Washington governor Jay Inslee signed an executive order intended to mitigate the fallout from the Supreme Court’s recent decision in Epic Systems. In the order, the governor instructs state agencies to contract only with businesses who can demonstrate that their employees are not required to sign mandatory arbitration clauses or class action waivers. […]

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, […]

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 […]

Susan Fowler Files Amicus Brief in Murphy Oil

Aug 28, 2017 Melissa Greenberg

This post is part of OnLabor’s continuing analysis of National Labor Relations Board v. Murphy Oil USA. Susan Fowler, whose blog post publicized the sexist workplace culture at Uber, filed an amicus brief in support of employees in the consolidated cases of Murphy Oil USA, Epic Systems and Ernst and Young before the Supreme Court. The full brief is available here. The brief […]

Coalition of 18 Attorneys General File Amicus Brief in Support of Employees in Murphy Oil

Aug 21, 2017 Melissa Greenberg

This post is part of OnLabor’s continuing analysis of National Labor Relations Board v. Murphy Oil USA. Last week, eighteen attorneys general filed an amicus brief in support of the employees in the consolidated cases of Murphy Oil USA, Epic Systems and Ernst and Young before the Supreme Court. The brief urges the Supreme Court […]

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 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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Tag:class action waivers

Collective Action Notice Requirements: The Next Hurdle in the Arbitration Fight

June 19, 2018

June 14, 2018

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

October 2, 2017

Susan Fowler Files Amicus Brief in Murphy Oil

Coalition of 18 Attorneys General File Amicus Brief in Support of Employees in Murphy Oil

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

The Sixth Circuit Holds that Class Arbitration Waivers Are Prohibited Under the NLRA

The Department of Justice May Be Reevaluating Its Stance in Class Action Waiver Cases

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