High Court Has Returned Workers To 'Like It Or Lump It' Era

By Scott Oswald (May 21, 2018, 9:48 PM EDT) -- With Justice Neil Gorsuch's majority opinion Monday in Epic Systems Corp. v. Lewis, the U.S. Supreme Court revives a toxic idea that was common in workplace law before the New Deal: the fiction that an individual employee's waiver of rights in an employment agreement, including the right to join other workers in legal actions, is a voluntary tradeoff — not an illegal power grab by the employer at its time of maximum leverage.

Barring a much-needed fix from Congress, and except in situations where unions still have sway, employees now may be forced to pursue justice by themselves on the tilted...

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