New Jersey transportation companies gained some new leverage in fighting employment class actions after the state Supreme Court reinforced employers' arbitration agreements under Garden State law, even if their workers are exempt from arbitration under a federal law.
President Donald Trump is transforming the courts, winning his 200th judicial confirmation Wednesday. Here, we look at the impact those judges have had on employment law, from employer-friendly rulings on arbitration to the recent landmark U.S. Supreme Court win for gay and transgender workers.
San Francisco Daily Journal - Jahan Sagafi and Michelle Erickson
Concerned with the success of the civil rights and women's rights movements in the 1960s and cultural challenges to corporate power, conservatives in the 1970s planned their legal revolution. In recent decades, this effort has borne fruit. Ballooning corporate power and substantial erosion of the public sphere have caused a yawning chasm between rich and poor. One of the conservative legal architects' greatest achievements is forced arbitration: the privatization of the public court system coupled with attacks on one of the strongest tools for civil law enforcement - the class action.
The U.S. Supreme Court's decision to bless class action waivers in Epic Systems Corp. v. Lewis was seen as a clear-cut win for employers, but on its first birthday, practitioners say the decision's impact has been muted as businesses weigh the potential costs of arbitration and growing public backlash against denying workers a day in court.
A California appeals court decision sinking Winston & Strawn LLP's arbitration agreement with a former attorney suing the firm for discrimination will encourage "for hire" lawyers and others outside firms' power structures to fight contracts that seek to block legal disputes from reaching the courtroom, experts say.