Epic Systems v. Lewis - United States Supreme Court May 21, 2018
Justice Gorsuch delivered what Senator McConnell, Donald Trump and the Republican Party were buying when they outrageously blocked Barack Obama's nomination of the eminently qualified centrist judge Merrick Garland. Barring collective arbitration claims for violations of wage and hour laws today's opinion begins:
JUSTICE GORSUCH delivered the opinion of the Court. 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 to bring their claims in class or collective actions, no matter what they agreed with their employers?Allowed to agree?! The fraudulence is stunning - of course agreements to arbitrate should be enforced. But the contract you enter as an employee is rarely the product of genuine agreement. It is take it or leave it. In employment contracts the employer dictates the terms on which an employee can pursue complaints of race, gender or other unlawful discrimination.
I just bought an item online. I agreed to Amazon's terms and conditions. Did I really agree when I clicked on the left mouse button? As Justice Ginsburg, dissenting wrote
[T]he edict that employees with wage and hours claims may seek relief only one-by-one does not come from Congress. It is the result of take-it-or-leave-it labor contracts harking back to the type called “yellow dog,” and of the readiness of this Court to enforce those unbargained-for agreements.