Working for Justice

Class Actions and Collective Actions

Class Actions 101: the Xs and Os

Posted December 20th, 2018 by in Class Actions and Collective Actions.

You can learn a lot from a sports blog.  Including, oddly enough, the purposes of class action lawsuits. Last month, while browsing the latest news on one of my favorite sports teams, I unexpectedly came across a dialogue on the NHL concussions lawsuit and settlement. See NHL Players Concussion Injury Litig., No. 14-md-2551 (D. Minn.), […]

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Employee Class Actions: Will the Supreme Court Cut Out the “[H]eart of the New Deal”?

Any day now, the Supreme Court will issue its decision in Epic Systems Corp. v. Lewis,[1] a case that will determine whether employers can force employees to resolve legal claims through individual arbitration, without recourse to class or collective proceedings. Section 7 of the National Labor Relations Act would seem to prohibit such arbitration clauses. […]

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An Epic Decision: Seventh Circuit Shoots Down Employee Arbitration Contract

In a precedent-setting decision late last month, the United States Court of Appeals for the Seventh Circuit deemed an employee arbitration agreement unenforceable on the ground that it violated the National Labor Relations Act (NLRA). The decision is a major win for employees because it recognizes their right to challenge unlawful employment policies and conditions […]

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Judge Merrick Garland and Class Actions: What Will Happen?

The recent big news in lawyer land is the nomination of Chief Judge Merrick Garland of the US Court of Appeals for the D.C. Circuit to replace Justice Scalia. He is, by all appearances, eminently qualified, a model public servant, and at least a tad (I say in jest) to the left of the late […]

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Turn on, Tune In, Opt Out: How Workers Can Resist Unfair Arbitration Agreements

Posted December 4th, 2015 by in Class Actions and Collective Actions.

Arbitration agreements are quickly becoming employers’ best and most common defense against class action lawsuits by their employees. As discussed in the recent New York Times article “Arbitration Everywhere, Stacking the Deck of Justice,” in addition to depriving employees of the opportunity to have their claims heard in court, arbitration agreements often waive employees’ right to […]

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Forced Arbitration Q&A with Roberta Steele

Posted October 10th, 2014 by in Class Actions and Collective Actions.

As I’ve noted previously on this blog, it is important for workers to understand how forced arbitration—a seemingly innocuous procedural issue—undermines their civil rights. Earlier this week I talked with Roberta Steele, Program Director at the National Employment Lawyers Association.  Roberta’s work focuses on issues that prevent workers from having full and equal access to […]

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Will Activists Take to Corporate Campaigning in the Wake of Hobby Lobby?

As women’s rights activists chart a new course in the wake of the Supreme Court’s Hobby Lobby decision, will they increasingly take the feminist fight directly to corporations with weak records on gender equality? In the wake of last week’s ruling, pockets of activists have taken to social media and mounted protests at locations of […]

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