Tag Archives: employment

OA177: Neil Gorsuch’s Epic Decision & the NFL (feat. Chris Kristofco)

Today’s episode takes a deep dive into the recent Supreme Court decision in Epic Systems Corp. v. Lewis, a Gorsuch opinion that is exactly what we told you to expect back when he was nominated to the Court.  Oh, and we also tackle the latest policy issued by the NFL with our four-time guest, Chris Kristofco.

And that’s where we begin:  with a detailed breakdown of the legal implications of the NFL’s just-announced policy prohibiting on-field peaceful protests during the national anthem.  You won’t want to miss it!

During the main segment, we break down the Supreme Court’s 5-4 decision upholding the use of mandatory arbitration clauses that waive the right to class action lawsuits in take-it-or-leave-it contracts of adhesion.  But — because this is a Gorsuch opinion — you won’t be surprised to learn that it’s so very much worse than you thought.

After that, we move into a listener comment on plea bargaining that foreshadows an upcoming episode….

Finally, we end with the answer to Thomas Takes the Bar Exam Question #77 about the constitutional requirements (if any) to a 12-person jury and/or a unanimous one.  Remember to follow our Twitter feed (@Openargs) and like our Facebook Page so that you too can play along with #TTTBE!

Recent Appearances

Andrew was just a guest on the Dumb All Over Podcast, episode 70.  Go check it out!

Show Notes & Links

  1. If you liked Chris and want to hear more, you can check out his excellent sportsball podcast, Titletown Sound Off, or you can check out his  previous appearances on the show:  Episode 6 (on the NFL), Episode 32 (on Phil Ivey’s gambling), and Episode 68 (on Aaron Hernandez).
  2. Also, our guest Chris Kluwe predicted something like this back in Episode 115.
  3. Click here to read the Supreme Court’s opinion in Epic Systems Corp. v. Lewis.  If you want to check out the data cited in Ginsburg’s dissent; that’s here.

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OA163: Whatcha Gonna Do, Brother? OA vs. Sinclair Broadcasting, the CLOUD Act & the WWE

Today’s episode runs wild with an in-depth look a the CLOUD Act slipped in to the latest omnibus spending bill.

First, however, we break down the recent viral video from Deadspin showing dozens of Sinclair-owned TV stations reading pro-Trump talking points on the air.  How did this happen?  What leverage does Sinclair have over your local newscaster?  Listen and find out.

During the main segment, the guys break down the CLOUD Act and what it means for international data privacy.

After that, we answer a listener question about the WWE and independent contractors.

Finally, we end with the answer to Thomas Takes the Bar Exam Question #70 about contracts.  Don’t forget to follow our Twitter feed (@Openargs) and like our Facebook Page so that you too can play along with #TTTBE!

Recent Appearances

None!  If you’d like to have either of us as a guest on your show, drop us an email at openarguments@gmail.com.

Show Notes & Links

  1. Click here to watch the viral video from Deadspin; you can see excerpted bits from the Sinclair contract sent out via Twitter here and here.
  2. This is the text of the CLOUD Act, and you can click here to read the EFF’s warnings about it.
  3. Finally, for guidance about independent contractors vs. employees, you can check out the Department of Labor’s Fact Sheet 13 as well as the guidelines promulgated by the IRS.

Support us on Patreon at:  patreon.com/law

Follow us on Twitter:  @Openargs

Facebook:  https://www.facebook.com/openargs/

Don’t forget the OA Facebook Community!

And email us at openarguments@gmail.com



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OA150: Janus, The Angry Roman God Of Doorways (And Labor Law?)

In this fast-breaking episode, Thomas and Andrew preview a significant labor case scheduled for oral argument before the Supreme Court this coming Monday, Janus v. AFSCME.  You’ll know all about it before the news breaks!

In the initial segment, “Andrew Was Wrong” returns with listener criticism over our repetition of the common media statement that Parkland was the “18th” school shooting of 2018.

After that, Andrew walks us through Janus v. AFSCME and its implications on the future of unions.

Next, the guys revisit ex-Google employee James Damore and discuss the significance of a recent memorandum issued by the National Labor Relations Board regarding his termination.  Is The Most Important Lawsuit In The History of Western Civilization still on track?  Listen and find out.

Finally, we end with an all-new TTTBE #64 about criminal dog law.  You won’t want to miss it!  Remember that you can play along with #TTTBE by retweeting our episode on Twitter or sharing it on Facebook along with your guess.  We’ll release the answer on next Tuesday’s episode along with our favorite entry!

Recent Appearances

Check out the NEW PODCAST created by our very own Thomas Smith and friend-of-the-show Aaron Rabi, “Philosophers in Space.”  You’ll be glad you did!

Show Notes & Links

  1. Janus is, in fact, the angry god of doorways.
  2. We covered the Parkland school shooting in Episode 148.
  3. This is the Washington Post article critical of the “Everytown for Gun Safety” statistics, and here is a link to Everytown’s actual database of incidents.  Judge for yourself!
  4. Here is Abood v. Detroit Board of Education, 431 U.S. 209 (1977), discussed extensively during the show.
  5. You can read the NLRB memo advising dismissal here.
  6. We covered the (still-pending) James Damore lawsuit on Episode 111 of Serious Inquiries Only.

Support us on Patreon at:  patreon.com/law

Follow us on Twitter:  @Openargs

Facebook:  https://www.facebook.com/openargs/

Don’t forget the OA Facebook Community!

And email us at openarguments@gmail.com



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