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In a victory for employers and the Trump administration, the Supreme Court on Monday said that employers could block employees from banding together as a class to fight legal disputes in employment arbitration agreements.Justice Neil Gorsuch delivered the opinion for the 5-4 majority, his first major opinion since joining the court last spring and a demonstration of how the Senate Republicans' move to keep liberal nominee Merrick Garland from being confirmed in 2016 has helped cement a conservative court."This is the Justice Gorsuch that I think most everyone expected," said Steve Vladeck, CNN contributor and professor of law at the University of Texas School of Law. "Not only is he endorsing the conservative justices' controversial approach to arbitration clauses, but he's taking it an important step further by extending that reasoning to employment agreements, as well."Justice Ruth Bader Ginsburg took the rare step of reading her dissent from the bench, calling the majority opinion in Epic Systems Corp. v. Lewis "egregiously wrong.""The court today holds enforceable these arm-twisted, take-it-or-leave-it contracts -- including the provisions requiring employees to litigate wage and hours claims only one-by-one. Federal labor law does not countenance such isolation of employees," she said.In the majority opinion, Gorsuch maintained the "decision does nothing to override" what Congress has done."Congress has instructed that arbitration agreements like those before us must be enforced as written," he said.As the dissent recognizes, the legislative policy embodied in the (National Labor Relations Act) is aimed at 'safeguard[ing], first and foremost, workers' rights to join unions and to engage in collective bargaining," he wrote. "Those rights stand every bit as strong today as they did yesterday."Gorusch, responding to Ginsburg's claim that the court's decision would resurrect so-called "yellow dog" contracts which barred an employee from joining a union, said that "like most apocalyptic warnings, this one proves a false alarm."The case was the biggest business case of the term, and represented a clash between employers who prefer to handle disputes through arbitration against employees who want to be able to band together to bring their challenges and not be required to sign class action bans.It also pitted two federal laws against each other.One, the National Labor Relations Act (NLRA), gives employees the right to self organization to "engage in concerted activities for the purpose of mutual aid or protection" the other, the 1925 Federal Arbitration Act (FAA) allows employers to "settle by arbitration."Lawyers for employers, who have long backed arbitration as a means of resolving disputes, argued that class action waivers are permissible under the 1925 law. They say the NLRA does not contain a congressional command precluding enforcement of the waivers.The Trump administration supported the employers in the case, a switch from the Obama administration's position. 3034
If you love "Harry Potter" and live in the United Kingdom, you're in luck.Warner Bros. says you can now purchase bottled Butterbeer. 140
HOUSTON (AP) — A passenger who put a camera in an airplane bathroom on a California-to-Texas flight has pleaded guilty and could be deported.Choon Ping Lee, a 50-year-old Malaysian man, pleaded guilty to video voyeurism on Tuesday. A judge in Houston sentenced Lee to two months in prison and a ,000 fine.The Justice Department says Lee acknowledged installing a camera in the first-class bathroom of a United Airlines flight from San Diego to Houston on May 5.RELATED: Man charged after video camera found in bathroom of United flight leaving San DiegoA female passenger found the device, with a blinking blue light, dangling near the door. Lee was identified by his clothing and jewelry in images captured on the device.Lee was in custody since his Aug. 7 arrest. The Justice Department says he's not a U.S. citizen and is expected to face removal proceedings. 872
Hundreds of museums across the country are struggling financially. Many were shut down for long periods of time during stay-at-home orders to slow the spread of the coronavirus. Some are still not ready to reopen. "We're targeting to reopen next year. Hopefully, we will sit back and recover and be able to think through and make sure everything will be safe for everybody," said Lily Birmingham, the director of the San Diego Chinese Historical Museum. Birmingham's museum, like many others, shut down in March because of shelter-in-place restrictions."We have very little funding to begin with so with the closure of the museum, we can not raise funding. We couldn't get admission funding so we had to lay off our employees. We now rely on volunteers, so it's very difficult. Funding is always difficult for museums. We're a non-profit organization," said Birmingham.Recently, The American Alliance of Museums surveyed more than 750 museums nationwide. From large to small and in urban and rural communities. What they found was that nearly one-third of them may not survive this pandemic."Back in March, I kind of speculated that it might be 25-30% of museums that would not make it through an extended financial crisis and indeed the survey did confirm our worst fears that one in three museums say there is a significant risk for having to close permanently," said Laura Lott, the President and CEO of the American Alliance of Museums. Lott says most museums make the majority of their money from ticket sales, renting their space for events and sales from their gift shops and cafes. Lott says museums have three major impacts on their communities, the first is economic."Museums contribute more to the economy than we might imagine. Nationally it's about billion that museums contribute to the national GDP across the country. They employ 750,000 people and pay billion in tax revenue at the state, federal and local level, even though most are non-profits," explained Lott.The second impact is on education, as they host numerous schools for field trips. Lott says the third impact museums have is they protect our cultural heritage. "Each museum is unique. It holds unique artifacts and stories that we’ve chosen to preserve and protect for future generations and if those museums go away, they're likely to be gone forever," said Lott.For the San Diego Chinese Historical Museum, historians have been collecting items dating back more than 100 years, preserving history of when Chinese immigrants first came to California. "There's a couple things people can do to help museums right now. People need to really contact their legislators and let them know why their museums are important to them and advocate that museums be included in any financial relief at all levels; the federal, state and local levels," said Lott."It could be monetary, of course, is the best. Volunteer hours or just show the appreciation. Show the concern and care so we know people love our museum. So, there are different ways to show the appreciation," said Birmingham. Lott says any bit of support will make a difference for many museums so they can continue to preserve history for years to come. 3202
If you thought the presidential candidates had plenty of time to convince voters, think again. The swing state of North Carolina is set to start mailing out absentee ballots on Friday, September 4. That means voters will be able to return their ballots as early as next week. RECORD NUMBERS VOTING EARLYNorth Carolina is seeing a record number of absentee ballots because of the pandemic. In 2016. around 200,000 absentee ballots were counted. Already in 2020, the state has received around 600,000 requests. "It’s been kinda tough but we are trying to get through it," Kristen Scott, the elections director in Halifax, North Carolina, said. Scott only has a staff of three. In 2016, her staff received 200 absentee ballot requests. This year they have already received 2,000 and it's only early September. "I do go ahead and tell voters once you get your ballot, it's best to complete it and send it back in," Scott said. NORTH CAROLINA TEST CASEWhat happens next in North Carolina will be an example for other states around the country. Will voters return their ballot right away? Will they wait until the first debate? Additionally, will voters be able to follow all of the directions?For instance, in North Carolina, all absentee ballots must have a valid witness signature. During a pandemic will voters be able to find a witness? If it's not there, the ballot will be rejected. "In the primary, we saw about 15 percent of absentee ballots rejected," Allison Griggs with the Southern Coalition for Social Justice, said. Griggs fears the election could depend on whether voters follow directions or not. In North Carolina, election officials are allowed to contact voters if they find an error with their ballot prior to the polls closing. Griggs advises all Americans to be on the lookout for phone calls from election officials just in case. "We need voters to keep an eye out for communications from their county election officials," Griggs said. To find out when your state may send out absentee ballots, click here. 2033