Labor rights are way more than about health coverage.
On Monday during the Supreme Court’s new term, the justices heard arguments in three consolidated cases with far-reaching implications for wage-earners.
The cases—Epic Systems Corp. v. Lewis, Ernst & Young LLP v. Morris, and National Labor Relations Board v. Murphy Oil USA, Inc.—are all about whether employers have the right to compel workers go through onerous individual arbitration proceedings in order to bring labor law claims. If the justices answer that question in the affirmative, then the affected workers will—as a practical matter—find it nearly impossible to win back pay in cases involving wage law violations.
As more and more firms are inserting individual arbitration clauses into employee contracts. These clauses require employees to pursue workplace-related claims before private arbitrators rather than in federal or state court. These clauses also, critically, require employees to pursue their claims individually rather than through collective actions.
The 7th and 9th U.S. Circuit Courts of Appeals have both held that individual arbitration provisions in employment contracts are unenforceable. But several other courts have sided with the employers. Meanwhile, the Justice Department, which initially defended the board’s position, switched sides this past June.
So good luck trying to win a case of lost wages on your own, instead of pooling resources with other workers to hire better legal representation.
Also Unions like the SEIU were the chief campaigners for $15/hr min wage laws. Without their support, it will be harder to fight against GOP laws that undermine local wage increases.