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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 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
If Monday's opening statements were any indication, Judge Amy Coney Barrett's nomination to the Supreme Court will face a bitter partisan fight in the days and weeks ahead.Given the timing — less than a month ahead of the 2020 general election — and the implications of appointing a sixth Supreme Court justice nominated by a Republican president, Democrats painted a bleak picture of America should Barrett be nominated to serve on the Supreme Court.Barrett's confirmation process was already set to be fraught with political controversy, given that Republicans successfully blocked President Barack Obama's nomination of Judge Merrick Garland for over half a year ahead of the 2016 presidential election, claiming that voters should have a say in the confirmation processIn fact, Ranking Member Dianne Feinstein, D-CA, used her opening statement to share a 2016 quote from Senate Judiciary Committee Chairman Lindsey Graham, in which he said he would wait to fill a Supreme Court seat if it came open between the opening of the primary process and the 2020 election.Feinstein also added that Democrats intended to focus on the "consequence" of "rushing" a Supreme Court nominee through the Senate.Senators will question Barrett beginning at 9 a.m. ET Tuesday, a process that will last into Wednesday. Graham says he hopes to have the confirmation hearing process wrapped up by Thursday.Democrats warn of loss of health careSeveral Democrats noted that in the past, President Donald Trump has only promised to nominate justices who will undo the Affordable Care Act — the law that enacted public health care and offered more consumer protections. They also pointed to Barrett's past criticism of Supreme Court decisions that have upheld parts of the law.Other Democrats, like Sen. Cory Booker, argued that Barrett's nomination was a ploy by Republicans to undo public healthcare initiatives and protections afforded by the Affordable Care Act, saying that a Barrett nomination would look like "deciding between buying medicine and buying groceries."Sen. Kamala Harris — the current Democratic vice presidential nominee — echoed those statements, claiming that President Donald Trump was attempting to "bypass the will of the American people" so they can strike down the Affordable Care Act. Sen. Mazie Hirono, herself a cancer survivor, wondered aloud if she would have survived had she been in a position that many Americans may find themselves in without government-backed healthcare.Graham has said that he expects Barrett to be confirmed to the Supreme Court a week before the Nov. 3 election. On Nov. 10, the Supreme Court is scheduled to hear a key case to determine the legality of portions of the ACA.COVID-19 fears shape hearingSeveral Democrats called out their Republican colleagues for even holding hearings amid a pandemic. Appearing virtually, Harris claimed it was "reckless" for the Judiciary Committee to hold in-person hearings and called out Graham for not requiring Senators to test negative for the virus before appearing in the room.At least two of the senators on the committee — Sen. Mike Lee, R-Utah, and Sen. Thom Tillis, R-North Carolina — have recently tested positive for the virus. Both at Barrett's nomination ceremony at the White House in late September — an event that has been described as a "superspreader" after about a dozen people in attendance, including President Donald Trump, tested positive for COVID-19. Lee, having been cleared by a Congressional physician, appeared in person. Tillis appeared on video teleconference.Graham said Monday that the hearing room had been deemed by the Capitol architect to be in compliance with CDC social distancing guidelines. Other Democrats said their time would be better spent working on passing more COVID-19 stimulus — something Trump has been willing to entertain in recent days.Republicans defend Barrett's character, call out those questioning her faithRepublicans defended Barrett's character by accusing Democrats of attacking her Catholic faith, often pointing to constitutional statues against "religious tests" as a qualifier for public office. Sen Josh Hawley, R-Missouri, specifically accused Harris of "anti-Catholic bigotry" by questioning past judiciary appointments fitness for office due to their membership in the Knights of Columbus, a Catholic organization.Sen. Joni Ernst, R-IA, further defended Barrett's character against those who she says had labeled her a "handmaid," saying that such accusations were "demeaning to women.""We don't have to fit a narrow definition of womanhood," Ernst said. At this point, Republican Senators have the votes to confirm Barrett. Graham has said he expects the process to be finished in the next two weeks — about seven days ahead of election day.Barrett pays homage to Scalia, GinsburgIn her opening statement, which was obtained and published by several media outlets, Barrett paid tribute to the late Justice Antonin Scalia — a conservative icon for whom Barrett worked for as a clerk early in her career. She said she shared in Scalia's philosophy of "textualism" — apply the law directly as it is written."A judge must apply the law as written, not as the judge wishes it were," Barrett said.Her opening statement also offered condolences to the justice whose seat she hopes to fill, Justice Ruth Bader Ginsburg."I have been nominated to fill Justice Ginsburg's seat, but no one will ever take her place," Barrett will say. "I will be forever grateful for the path she marked and the life she led." 5554
If someone asks to borrow your cellphone, would you lend it them? If you have a popular payment app on there, you might want to think twice.Popular money transfer apps and services like Venmo, PayPal or Apple Pay are all attached to people’s bank accounts.Brittany Burmeister uses Venmo every day. She wasn’t aware police in cities across the country are warning of a scam circulating, costing some thousands of dollars.It works like this: someone asks to use your smartphone, says their battery died or they left theirs at home, they use your payment app and steal your funds without you even knowing.Joseph Martinez, an information system security professor at Milwaukee Area Technical College, says when you’re not using them, log out of the money apps and while you’re at it, get off of Bluetooth.“They can hack into the phone via the Bluetooth portal and then through that portal have access to any application that you have your password and credentials automatically stored,” said Martinez.He also suggests linking your credit card instead of a debit card, so you have more protection. Burmeister is taking notes, considering her cell, like so many others, is a digital wallet. She says she’s not sure now if she’ll hand off her phone to a stranger. “I’d probably just say 'hey, I bet the restaurant has a phone inside' or if they’re in a public place,” said Martinez. A spokesperson for Milwaukee police hadn’t heard of any reports but urges people to be cautious. Martinez says as another precaution, you should download antivirus and spyware apps and what’s called a VPN app, or "virtual private network." It will shield your financial apps from strangers trying to gain access. 1726
In a holiday season that many of us will spend away from loved ones, Cheerios is bringing back memories of a simpler time with their latest commercial reboot.In 1999, the cereal was featured in a sweet commercial featuring a grandma talking to an infant sitting in a high chair. The grandma, played by actor Peggy Miley, was using Cheerios to map out where extended family lived, as the baby ate them.“I think you just ate Dallas,” Miley says at one point.The ad had a simple message, being together for the holidays.A video posted on TikTok by Cori Spruiell brought up the idea of a reboot.“I'm making myself cry over this Christmas commercial idea I just had. So, if you work for General Mills, please, please make this happen,” Spruiell says, before a quick recap of the old commercial and then outlining the new commercial idea where the grandma and baby, now grown, are together over Zoom because of COVID-19. @corispruiell Listen you guys I just really love emotionally manipulative advertising ?? #generalmills #cheerios #christmascommercial #fyp #foryou #WorkingAtHome? original sound - Cori Spruiell Cheerios agreed it was a good idea, and made it happen.“Our team was really excited when we saw her post because we felt like it was such a true insight on what is going on today,” says Taylor Roseberry, assistant brand experience manager, Cheerios, in a company statement. “In re-watching that 1999 commercial, it brought back so much joy. We felt really inspired by it. So, we quickly pulled a group together to figure out how we could respond to Cori’s video.”Miley is back for the 2020 version, along with the now-grown-up baby, Delfina Booth."I was too young to remember my experience filming the Cheerios holiday commercial, but I get the same warm feeling both re-watching the original commercial and participating in its recreation," Booth said in a statement. "I can't wait for fans' reactions to the spot because while I've grown up, the importance of connecting with one's loved ones has only gotten stronger."The 2020 version starts with a close-up look at an ornament with the 1999 commercial image, then later shows Booth and Miley having a video chat, while eating Cheerios. 2210