SHRM Signs onto an Amicus Brief in New Prime; Helps Secure Victory in Murphy Oil

Nancy Hammer By Nancy Hammer June 8, 2018
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SHRM Signs onto an Amicus Brief in New Prime; Helps Secure Victory in Murphy Oil

SHRM has signed an amicus brief in the case New Prime Inc. v. Oliveira, in which the Supreme Court will determine whether the Federal Arbitration Act (FAA) applies only to "contracts of employment" rather than to independent contractors. In the brief, SHRM asks the Court to overturn an appellate court decision, as the decision "cannot be squared with either the text or historical context of the FAA, and undermines an entire industry's reliance on the national policy favoring arbitration."

SHRM also recently helped secure a victory at the Supreme Court in the consolidated cases NLRB v. Murphy Oil USA, Epic Systems Corp. v. Lewis, and Ernst & Young LLP v. Morris. In its decision, the Court protects employers from exposure to a significant increase in class-action claims by holding that arbitration agreements prohibiting collective action are legal.

In an amicus brief prior to the decision, SHRM argued that the National Labor Relations Act provides no substantive right to invoke collective procedures.

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