SCOTUS Upholds Workplace Arbitration Contracts Barring Class Actions

From today’s New York Times:

 The Supreme Court on Monday ruled that companies can use arbitration clauses in employment contracts to prohibit workers from banding together to take legal action over workplace issues.

The vote was 5 to 4, with the court’s more conservative justices in the majority. The court’s decision could affect some 25 million employment contracts.

Writing for the majority, Justice Neil M. Gorsuch said the court’s conclusion was dictated by a federal law favoring arbitration and the court’s precedents. If workers were allowed to band together to press their claims, he wrote, “the virtues Congress originally saw in arbitration, its speed and simplicity and inexpensiveness, would be shorn away and arbitration would wind up looking like the litigation it was meant to displace.”

Justice Ruth Bader Ginsburg read her dissent from the bench, a sign of profound disagreement. In her written dissent, she called the majority opinion “egregiously wrong.” In her oral statement, she said the upshot of the decision “will be huge under-enforcement of federal and state statutes designed to advance the well being of vulnerable workers.”

Justice Ginsburg called on Congress to address the matter.

Brian T. Fitzpatrick, a law professor at Vanderbilt University who studies arbitrations and class actions, said the ruling was unsurprising in light of earlier Supreme Court decisions. Justice Gorsuch, he added, “appears to have put his cards on the table as firmly in favor of allowing class actions to be stamped out through arbitration agreements.”

As a result, Professor Fitzpatrick said “it is only a matter of time until the most powerful device to hold corporations accountable for their misdeeds is lost altogether.”

But Gregory F. Jacob, a lawyer with O’Melveny & Myers in Washington, said the decision would have a limited impact, as many employers already use the contested arbitration clauses. “This decision thus will not see a huge increase in the use of such provisions,” he said, “but it does protect employers’ settled expectations and avoids placing our nation’s job providers under the threat of additional burdensome litigation drain.”

Read the complete article here.

In Sweltering South, Climate Change Is Now a Workplace Hazard

From today’s New York Times by Yamiche Alcindor

GALVESTON, Tex. — Adolfo Guerra, a landscaper in this port city on the Gulf of Mexico, remembers panicking as his co-worker vomited and convulsed after hours of mowing lawns in stifling heat. Other workers rushed to cover him with ice, and the man recovered.

But for Mr. Guerra, 24, who spends nine hours a day six days a week doing yard work, the episode was a reminder of the dangers that exist for outdoor workers as the planet warms.

“I think about the climate every day,” Mr. Guerra said, “because every day we work, and every day it feels like it’s getting hotter.”

For many working class people, President Trump’s promise to make America great again conjured images of revived factories and resurgent industries, fueled by coal and other cheap fossil fuels. Such workers gave more of their votes to Mr. Trump than they did four years before to Mitt Romney, helping him eke out victory in November with narrow wins across the Rust Belt. Latino votes fell off for Democrats as well,from the 71 percent that went to Barack Obama in 2012 to the 66 percent that went for Hillary Clinton last year.

But to Robert D. Bullard, a professor at Texas Southern University who some call the “father of environmental justice,” the industrial revival that Mr. Trump has promised could come with some serious downsides for an already warming planet. Professor Bullard is trying to bring that message to working-class Americans like Mr. Guerra, and to environmental organizations that have, in his mind, been more focused on struggling animals than poor humans, who have been disproportionately harmed by increasing temperatures, worsening storms and rising sea levels.

Read the entire article here.

New Rules for Part-Time Work?

From the July 23, 2014 NYT “Room for Debate”:

Part-time jobs often come with fluctuating, on-call schedules and – because of the uncertain hours – inconsistent pay. This can make it hard for workers to schedule weekly routines, childcare or other means of employment for themselves.

Legislation in the House, proposed this week, would ensure employees get two weeks notice about their work schedules, as well as extra pay to compensate for last minute changes.

Should there be a law limiting unpredictable schedules for hourly and part-time workers?

Read the different perspectives of this debate here.