
Epic Systems v. Lewis
5-4
00:00
The Importance of Choice in American Labor Law
The whole point of the NLRA is to account for unequal bargaining power between workers and management. And that's why I think Justice Gorsuch's framing gives away how bad faith his opinion is here. He says that this is a matter of worker's choice without acknowledging and addressing that the whole point was to make sure employees were treated fairly by their employers. These arguments are effective here in ways that they're not in other countries at all, which is probably why American labor law is so terrible.
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