Cliff Palefsky of McGuinn, Hillsman & Palefsky disputes the assertion that sending a case to arbitration has no impact on substantive rights; that faulty premise, he contends, underlies much of the Court’s arbitration jurisprudence. The Supreme Court has told us repeatedly that judges do not create public policy. Public policy, they say, must emanate from …
Yesterday the Supreme Court granted certiorari in what could be an extremely important case addressing the intersection of mandatory arbitration and class actions. AT & T Mobility v. Concepcion, 2010 WL 303962, Docked 09-893 (May 24, 2010) poses the following question: “Whether the Federal Arbitration Act preempts States from conditioning the enforcement of an arbitration …
To paraphrase comedian Henny Youngman’s famous one-liner, take my KBR, please. After all the bad press U.S. engineering and construction company KBR has received over the years for its operations in Iraq , both during its time as a Halliburton subsidiary and since, one might think it had learned a thing or two about how …
As Congress ended its last session, a legislative victory for employee rights advocates came with it. The bill, signed by President Obama at the end of December, came about because of the horrible story involving Jamie Leigh Jones. Here’s one description of what happened as reported in September by Think Progress: In 2005, Jamie Leigh …
New Legislation Bans Artibtration In Federal Defense Contracts Read More »
I think that all homo sapiens can understand how the mere thought of an organization that receives government money through contract mechanisms being tangentially involved in setting up a fake tax shelter for a fake pimp and his fake prostitution ring of fake prostitutes can justifiably lead to lawmakers going absolutely cross-eyed with white-hot, impotent …
Meet the Senators Who Voted Against the Franken Amendment Read More »
Yesterday, the union movement ramped up its attacks on the Chamber of Commerce over its “two-faced” approach to the Employee Free Choice Act’s provision requiring arbitration if a business won’t bargain in good faith after a union’s been chosen by workers. As the AFL-CIO Now blog observed: The latest Big Business tactic is to attack …
The misleading attacks by Big Business on the Employee Free Choice Act now are aimed at the provision that would guarantee that workers can get a fair first contract. Their scare tactics are not only misleading, they’re hypocritical. Right now, workers lack a legal means to ensure they get a fair first contract. Recent research …
Corporate Hypocrisy on Bargaining Highlights Need for Employee Free Choice Read More »
Madeline Messa is a 3L at Syracuse University College of Law. She graduated from Penn State with a degree in journalism. With her legal research and writing for Workplace Fairness, she strives to equip people with the information they need to be their own best advocate.
