![]() Indeed, if the Court cared about what the Arbitration Act actually says, none of its decisions enabling forced arbitration would apply to workers. Under existing law, answering this question is needlessly complicated - although it is worth noting that a Trump-appointed judge wrote the lower court’s opinion holding that these workers are not subject to forced arbitration.īut if the Court actually followed the text of the Arbitration Act, then this wouldn’t be a difficult case at all. ![]() The issue now before the Court in Saxon is whether workers who load and unload cargo from airplanes count among the rare workers who are not vulnerable to forced arbitration under Circuit City. Adams (2001), a 5-4 Court held that most workers engaged in foreign or interstate commerce can be forced into arbitration. The Federal Arbitration Act of 1925, the statute the Court relies on in forced arbitration cases, explicitly exempts “ workers engaged in foreign or interstate commerce.” But, in Circuit City v. Saxon, involves one of the original sins of the Court’s forced arbitration jurisprudence. But the third case, Southwest Airlines Co. In the final two weeks of March, the Supreme Court will hear three cases asking just how much power companies have to force their workers into arbitration. (Forced arbitration is also very common in ordinary consumer transactions, but your bank or cellphone company can only refuse to do business with you if you refuse arbitration. Instead, any disputes must be resolved in a private arbitration process that gives extraordinary advantages to corporate parties over individuals. But at least when it comes to employment law, the Supreme Court has spent the last two decades permitting most employers to immunize themselves from lawsuits through a practice known as “ forced arbitration.”įorced arbitration allows an employer to order its workers to sign away their right to sue the company, or lose their jobs. Laws mean nothing if they cannot be enforced against people who violate them, which is why there is an entire branch of government - the judiciary - whose job is supposed to be applying the law to individual cases.
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