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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsNeil Gorsuch Just Demolished Labor Rights
By MARK JOSEPH STERN at Slate
https://slate.com/news-and-politics/2018/05/neil-gorsuch-demolished-labor-rights-in-epic-systems-v-lewis.html
"SNIP...........
The Supreme Court issued a 54 decision Monday in Epic Systems v. Lewis allowing employers to deprive their workers of their right to sue collectively. Its ruling, written by Justice Neil Gorsuch, blasts a massive hole through postNew Deal labor law, hobbling employees ability to recover in court when their employers underpay them. It is difficult to overstate how devastating Epic Systems is to labor rights in Americaand how far Gorsuch strays from federal law in order to implement his preferred economic policy.
Epic Systems revolves around a group of employees who sued their employers for wage theft, alleging that they had illegally underpaid them. Each of their individual claims is fairly small and probably not worth the cost of litigation. But taken together, their claims add up to a substantial sum, and so the employees filed a class action on behalf of themselves and others who were similarly wronged. Their employers fought their lawsuits, arguing that the Federal Arbitration Act blocked their claims because the workers had all been forced to sign contracts that waived their right to sue and instead shunted them into one-on-one arbitration. (The arbitration process strongly favors employers.)
This argument, however, conflicted with a decision by the National Labor Relations Board, the independent agency tasked with implementing federal labor law. In 2012, the NLRB held that the National Labor Relations Act of 1935, or the NLRA, nullifies arbitration clauses in cases like this. Its reasoning was simple. The Federal Arbitration Act declares arbitration agreements valid, irrevocable, and enforceable, except upon such grounds as exist at law. And 10 years after Congress passed the FAA, it passed the NRLA, a signature piece of New Deal legislation that guarantees workers the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection. (Emphasis mine.)
Quite sensibly, the NLRB found that lawsuits designed to collectively enforce workplace rights qualified as concerted activities for the purpose of
mutual aid or protection. It thus found that the FAA must yield to the NLRA when employees file class actions to protect their interests under federal law.
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Matthew28
(1,796 posts)will probably end up setting back the democratic party 80 years at least.
BigmanPigman
(51,584 posts)The GOP got money through the RNC via Chief Financial Chair COHEN from Russia and possibly the UAE and Saudi Arabia and who knows who else. Cohen knew it was fixed and so did Ryan and McConnell since they personally got a ton of money for themselves through these people and groups. That is why and how McConnell held the seat until after the election. Lock them all up!
https://www.democraticunderground.com/100210595088
DAMANgoldberg
(1,278 posts)Had Merrick Garland been allowed to be on the Supreme Court, this would have been 5-4 in our favor. We must take the Congress back to codify a reversal into law. I think if we achieve our goals, any veto can be overridden.
Initech
(100,062 posts)Let's just say that I won't be held responsible for my actions.
BigmanPigman
(51,584 posts)And it will be a very loooooooooooong line too!
Garrett78
(10,721 posts)Squinch
(50,943 posts)Trumpocalypse
(6,143 posts)to vote for Clinton are happy now.
magicarpet
(14,144 posts)TheRealNorth
(9,475 posts)We just need Congress & the Presidency to kill the 1925 law.
Jake Stern
(3,145 posts)uponit7771
(90,335 posts)... didn't see this part ?!
Not understanding his logic outside of finger in the ear and Blah Blah Blah