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posted by janrinok on Wednesday May 23 2018, @12:27AM   Printer-friendly
from the no-one-was-surprised dept.

The Center for American Progress reports

The Supreme Court held on [May 21] that employers can force their employees to sign away many of their rights to sue their employers. As a practical matter, Monday's decision in Epic Systems v. Lewis [PDF] will enable employers to engage in small-scale wage theft with impunity, so long as they spread the impact of this theft among many employees.

Neil Gorsuch, who occupies the seat that Senate Republicans held open for a year until Donald Trump could fill it, wrote the Court's 5-4 decision. The Court split along party lines.

Epic Systems involves three consolidated cases, each involving employment contracts cutting off employees' rights to sue their employer in a court of law. In at least one of these cases, the employees were required to sign away these rights as a condition of starting their job. In another, existing workers were told to sign away their rights if they wanted to keep working.

Each contract contained two provisions, a "forced arbitration" provision, which requires legal disputes between the employer and the employee to be resolved by a private arbitrator and not by a real court; and a provision prohibiting employees from bringing class actions against the employer.

Writing with his trademarked smugness, Gorsuch presents Epic Systems as a simple application of a legal text. "The parties before us contracted for arbitration", he writes. "They proceeded to specify the rules that would govern their arbitrations, indicating their intention to use individualized rather than class or collective action procedures. And this much the Arbitration Act seems to protect pretty absolutely."

It's the sort of statement someone might write if they'd never read the Federal Arbitration Act--the law at the heart of this case--and had only read the Supreme Court's decisions expanding that act's scope.

[...] Epic Systems means that employers who cheat a single employee out of a great deal of money will probably be held accountable for their actions--though it is worth noting that arbitrators are more likely to favor employers than courts of law, and that they typically award less money to employees when those employees do prevail. The biggest losers under Epic Systems, however, will be the victims of widespread, but small-scale, wage theft.

Via Common Dreams, Public Citizen says Congress Should Overturn Today's U.S. Supreme Court Decision Eroding Workers' Rights

Public Citizen is a national, nonprofit consumer advocacy organization founded in 1971 to represent consumer interests in Congress, the executive branch, and the courts.


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  • (Score: 3, Interesting) by Anonymous Coward on Wednesday May 23 2018, @01:01AM (11 children)

    by Anonymous Coward on Wednesday May 23 2018, @01:01AM (#682871)

    If the Dems really want to have a blue wave, they'd latch on this and other ways that corps fuck over working joes of all stripes. But since Faulkner's one of their sugar daddies (https://ballotpedia.org/Judith_Faulkner), this won't be mentioned at all in the upcoming midterms. And once again the Dems will wonder why they can't connect with enough voters in spite of how bat shit insane the GOP candidates are.

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  • (Score: 1, Troll) by realDonaldTrump on Wednesday May 23 2018, @01:14AM (1 child)

    by realDonaldTrump (6614) on Wednesday May 23 2018, @01:14AM (#682877) Homepage Journal

    So true! She's the female George Soros. Dem billionaire that throws her money around. All that money to the VERY CORRUPT DNC. And they don't say it on your page but she donated $5000 to the BADLY FAILED recall campaign against Governor Scott Walker of Wisconsin. Good looking and brilliant guy!

  • (Score: 5, Insightful) by bzipitidoo on Wednesday May 23 2018, @02:18AM (8 children)

    by bzipitidoo (4388) on Wednesday May 23 2018, @02:18AM (#682894) Journal

    Solution: Vote 3rd party! I favor the Pirate Party myself, although the Greens would be okay.

    Honestly, what does it take for the 2 major parties to really alienate voters? It's hard to conceive of worse candidates than they nominated in 2016 without reaching for the comics. Quite possibly they could both nominate the most infamous criminals from death row who are still alive, and one of them would still win.

    • (Score: 5, Disagree) by fishybell on Wednesday May 23 2018, @02:43AM (6 children)

      by fishybell (3156) on Wednesday May 23 2018, @02:43AM (#682905)

      People voting for third parties is the reason we have Trump, and by extension, Gorsuch.

      11 electoral votes [politico.com]
      29 electoral votes [politico.com]
      16 electoral votes [politico.com]
      20 electoral votes [politico.com]
      10 electoral votes [politico.com]

      It's an oversimplification, but we don't have an electoral system that works well with third parties.

      • (Score: 5, Insightful) by c0lo on Wednesday May 23 2018, @03:17AM (1 child)

        by c0lo (156) Subscriber Badge on Wednesday May 23 2018, @03:17AM (#682920) Journal

        Not enough Ppeople voting for third parties is the reason we have Trump

        FTFY

        --
        https://www.youtube.com/watch?v=aoFiw2jMy-0 https://soylentnews.org/~MichaelDavidCrawford
        • (Score: 3, Touché) by realDonaldTrump on Thursday May 24 2018, @04:05AM

          by realDonaldTrump (6614) on Thursday May 24 2018, @04:05AM (#683406) Homepage Journal

          I'm the President of Cleveland. Not the President of Canberra. Although I have a lot of fans there. Many more than DUMB & BORING Malcolm Turnbull!!!

      • (Score: 2) by MichaelDavidCrawford on Wednesday May 23 2018, @12:16PM

        by MichaelDavidCrawford (2339) Subscriber Badge <mdcrawford@gmail.com> on Wednesday May 23 2018, @12:16PM (#683077) Homepage Journal

        And Jill stein in the general

        The only other democrat I would vote for is Elizabeth warren

        I registered 160 new Greens during the drive to get the Green Party on the California ballot

        --
        Yes I Have No Bananas. [gofundme.com]
      • (Score: 0) by Anonymous Coward on Wednesday May 23 2018, @05:46PM

        by Anonymous Coward on Wednesday May 23 2018, @05:46PM (#683182)

        oh fuck you, you dumb bitch.

      • (Score: 2, Offtopic) by realDonaldTrump on Thursday May 24 2018, @02:00AM

        by realDonaldTrump (6614) on Thursday May 24 2018, @02:00AM (#683360) Homepage Journal

        I love third party voters. I was a third party voter. And I was a third party candidate. In 2000, Jesse Ventura came to me. And begged me to run for President for the Reform Party. So I ran. But the party had big problems. So much fighting. And Jesse left the party. Very very hard to win with all that going on. So I ended my campaign.

        Your links are so interesting. So many states where Crooked Hillary came within 5% of me. And I guess you're thinking, "what if all the third party voters had to pick Crooked Hillary or Donald J. Trump? So many would go for Crooked Hillary, and she could have won!" Maybe, probably, most of the Stein voters would have gone for her. But Johnson got many more votes than Stein. Still not a lot, but for a third party guy in 2016 he did OK. Much much better than Stein or Castle. Let me tell you, most of the Johnson voters and most of the Castle voters would have picked me. And if Gary Johnson had to pick R or D, probably he would have run as a Republican, right? I beat 15 guys and Carly -- the 16 other Republicans that everybody has heard of. And a few more that hardly tried -- low effort folks. Believe me, 17 would not be a problem. No problem at all.

        Lots of folks like your tweet. Lots of likes. And it's great that you looked all that up. But you just found 5 states where I'd win even more beautifully if somehow there were no 3rd parties. But Crooked Hillary still has her fans, they don't want to hear that.

      • (Score: 2) by FatPhil on Thursday May 24 2018, @02:52PM

        by FatPhil (863) <{pc-soylent} {at} {asdf.fi}> on Thursday May 24 2018, @02:52PM (#683566) Homepage
        Every single one of those links proves that the problem is with the Electoral College system, and non-proportional representation. With one of the smallest possible changes to the system, namely retaining the EC but having per-state PR, it would have been a Dem plurality victory with ratios [269, 265, 2, 1, 1], for example.
        --
        Great minds discuss ideas; average minds discuss events; small minds discuss people; the smallest discuss themselves
    • (Score: 0) by Anonymous Coward on Wednesday May 23 2018, @02:44AM

      by Anonymous Coward on Wednesday May 23 2018, @02:44AM (#682906)

      I favor the Pirate Party myself, although the Greens would be okay.

      I see that global warming is an important concern of yours. [venganza.org]