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applegrove

(118,600 posts)
Mon May 21, 2018, 05:39 PM May 2018

Neil 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 5–4 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 post–New 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 America—and 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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BigmanPigman

(51,584 posts)
2. Translation: McConnell demolished workers' rights.
Mon May 21, 2018, 05:45 PM
May 2018

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)
9. Exactly...
Thu May 24, 2018, 02:43 PM
May 2018

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)
11. If I ever saw Mitch McConnell in public...
Thu May 24, 2018, 03:21 PM
May 2018

Let's just say that I won't be held responsible for my actions.

uponit7771

(90,335 posts)
10. K&R, " designed to safeguard collective rights that Congress didn't list in 1935" So I guess Gorsech
Thu May 24, 2018, 03:16 PM
May 2018

... didn't see this part ?!

Not understanding his logic outside of finger in the ear and Blah Blah Blah

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