The Justice System and Jobs: How Court Decisions Are Shaping Americans’ Work Lives

This Supreme Court term saw several high-profile cases in which the court adjudicated labor issues. The Janus decision, with its implications for public sector unions, and the Epic Systems decision, regarding the use of private arbitration, drew the media’s attention this year. Somewhat less widely covered were important decisions of lower courts, which have been adjudicating issues such as the validity of non-compete agreements, whether non-poach agreements among franchisees are legal, and what defines when a worker must be considered an employee. While these and other employment-related court rulings can seem technical or dry, the impact of these rulings will be felt by virtually everyone with a job: the over 150 million wage and salary workers in the United States. Throughout history, courts have played a key role in interpreting and enforcing the rules that govern work, balancing the rights and interests of workers and those of the companies they work for. How courts strike that balance has changed over the years and has influenced the continuing evolution of the relationship between workers and employers. In this event, we hear from legal and economic scholars and worker advocates about the critical role that courts have in setting the rules for the employer-employee relationship and the impact these decisions can have on individuals and the economy. This event features Oren Cass (Senior Fellow, Manhattan Institute), Sarita Gupta (Co-Director, Jobs with Justice), Christine Owens (Executive Director, National Employment Law Project), Evan Starr (Assistant Professor of Management & Organization, Robert H. Smith School of Business, University of Maryland), and moderator Lauren Weber (Workplace Reporter, Wall Street Journal). This event is part of the Working in America series, an ongoing discussion series hosted by the Aspen Institute Economic Opportunities Program that highlights an array of critical issues affecting low- and moderate-income workers in the United States and ideas for improving and expanding economic opportunities for working people. For more information, visit as.pn/workinginamerica. The Economic Opportunities Program advances strategies, policies, and ideas to help low- and moderate-income people thrive in a changing economy. We recognize that race, gender, and place intersect with and intensify the challenge of economic inequality and we address these dynamics by advancing an inclusive vision of economic justice. For over 25 years, EOP has focused on expanding individuals’ opportunities to connect to quality work, start businesses, and build economic stability that provides the freedom to pursue opportunity. Learn more at as.pn/eop.