In today’s news and commentary, the Supreme Court will likely not review the Fifth Circuit’s SpaceX decision, courts uphold a broad, worker-friendly interpretation of the EFAA, and the EEOC continues its focus on opioid-related discrimination.
The Fifth Circuit’s recent SpaceX decision will likely escape review by the Supreme Court. As Anjali, Henry, and I explained in August, the decision effectively blocks unfair labor practice charges in the Fifth Circuit—a powerful weapon for any employer big enough to allege plausible ties to Texas. Now, an appeal to the Supreme Court seems off the table. The NLRB announced earlier this month that it would not seek to appeal the decision. The other party to the litigation, SpaceX, obviously has no reason to. That leaves the possibility of an interested union intervening in the case in order to file an appeal. Last week, the Office and Professional Employees International Union (OPEIU) tried for the third time to intervene and was again turned down by the Fifth Circuit. With this possibility seemingly closed, it appears that the SpaceX decision will stand in the Fifth Circuit at least until the Supreme Court hears a similar case from elsewhere, such as Trump v. Wilcox.
The Ending Forced Arbitration in Sexual Assault and Sexual Harassment Act (EFAA) continues to enjoy a broad interpretation that helps workers. Currently, the law allows workers to avoid forced arbitration if their “case . . . relates to [a] sexual assault dispute or [a]...
[OSEN=Jang Woo-young Reporter] Amid repeated denials from actor Park Si-hoo’s side regarding allegations of facilitating an affair, a close associate also emphasized that the claims are “baseless”...