Tuesday, September 13, 2022
Harkavy's Annual Update & Review of SCOTUS Arbitration Cases
Jonathan Harkavy (Patterson Harkavy) has just posted on SSRN both his annual Employment Law Update and an essay on SCOTUS's four recent compelled arbitration decisions. Here are the abstracts:
2022 Supreme Court Commentary: Employment Law
This article is the author's longstanding annual review of the Supreme Court's employment-related decisions of the term just ended. This year's article about the 2021 Term first summarizes every employment-related decision rendered by the Court through the end of the term in July of 2022. Each case summary is followed by the author's comments about the decision's significance to workplace stakeholders. Also included in this section are abbreviated summaries of all opinions and orders from the so-called "shadow docket" that are of consequence to employment relations. Next, the article provides short statements about each grant of certiorari for the upcoming term on issues affecting employment and labor law. The article concludes with brief additional commentary on the Supreme Court's work as it affects the American workplace.
Fresh Focus: the Supreme Court Confronts Compelled Employment Arbitration
This essay examines briefly four 2022 decisions of the United States Supreme Court dealing with forced arbitration of workplace disputes. The paper summarizes the factual background of each case and posits the effect of each decision on both employers and employees. The paper concludes by relating these four decisions to the Court's continuing embrace of compelled arbitration of employee claims.