mandatory arbitration

Supreme Court stacks the deck in favor of businesses, again

The Trump Supreme Court sided with business over workers yet again, in a case that got the four liberal justices so exercised that they each wrote their own dissent. Justice Ruth Bader Ginsburg even noted that she wrote her dissent to “emphasize once again how treacherously the court has strayed from the principle that arbitration is a …

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Forced arbitration silences sexual harassment victims. After protests, Google finally got rid of it.

One week after 20,000-plus Google employees around the world staged a mass walkout to protest the company’s discrimination and its abysmal handling of sexual misconduct complaints against top-level executives — as the New York Times reported, multiple senior executives were granted multimillion-dollar severance packages or promotions after being accused of sexual violence — the company has announced revisions …

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Stop Calling It an Arbitration Agreement—Employers Are Forcing Workers to Give Up Their Rights

Trump-appointee Justice Neil Gorsuch begins his decision for the majority in Epic Systems v. Lewis, the landmark arbitration case decided Monday at the Supreme Court, with a simple set of questions: “Should employees and employers be allowed to agree that any disputes between them will be resolved through one-on-one arbitration? Or should employees always be permitted …

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Here Are the 10 Worst Attacks on Workers From Trump’s First Year

January 20th marks the one-year anniversary of President Donald Trump’s inauguration. Since taking office, President Trump has overseen a string of policies that will harm working people and benefit corporations and the rich. Here we present a list of the 10 worst things Congress and Trump have done to undermine pay growth and erode working conditions …

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Forced Arbitration Protects Sexual Predators and Corporate Wrongdoing

Fox News.  Sterling Jewelers.  Wells Fargo.  What do they all have in common?  For years, they successfully kept corporate wrongdoing secret, through forced arbitration. Buried in the fine print of employment contracts and consumer agreements, forced arbitration clauses prohibit you from going to court to enforce your rights.  Instead, employees who experience harassment and discrimination, or consumers …

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The Trump Administration’s Backdoor Plan to Erode the Rights of Workers to Act Collectively

On October 2, the U.S. Supreme Court will hear a case that implicates the very concept of collective action. NLRB v. Murphy Oil asks whether it is a violation of workers’ rights to force them to enter into arbitration agreements that prohibit collective or class litigation. Such agreements, often entered into as conditions of employment, require workers …

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Divide and Conquer: Employers’ Attempts to Prohibit Joint Legal Action Will be Tested in Court

On Monday, October 2, the U.S. Supreme Court will hear arguments in the most consequential labor law cases to come to the Court in a generation, which could fundamentally alter the balance of power between millions of American workers and the people who employ them. So why are so few people paying attention? At first glance, the …

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Think It’s Tough for Labor Now? Just Wait Until Trump Takes Office in January

In 63 days, organized labor is going to find itself in a new political reality, which it seems totally unprepared for. Donald Trump will be president; the Republicans will control the House and Senate and one of Trump’s first tasks will be to nominate a new Supreme Court justice. Though Trump was tight-lipped about specific …

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Caught In a Fixed Game: The Struggle for Consumer and Employee Rights in the Forced Arbitration Process

Recently, forced arbitration clauses have spread into a wide variety of contracts that regular citizens ordinarily enter into. These include both consumer contracts, such as those for cellular phone service plans, and employment contracts signed at the start of a new job. Obstacles to fair and impartial dispute resolution are manifold in this coerced dispute …

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Madeline Messa

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.