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What I've Been Reading This Week


I know that some readers deal with ERISA claims and issues more often than they would like.  For others, ERISA is an area they actively avoid.  Regardless of your stance, a case pending in the Ninth Circuit that I have highlighted below is worth a review.  Given that it is somewhat interwoven with a recent U.S. Supreme Court decision from a few weeks ago, this Ninth Circuit case is worth reviewing while we await the Court's ruling.

As always, below are a couple articles that caught my eye this week.


Missouri Legislature Approves August Vote on Right to Work Measure

Readers will recall that after a right to work bill was signed into law in Missouri, pro-union groups mobilized and collected enough signatures to place the measure on the ballot for voters to decide whether the state would remain the 28th right to work state or of the bill would be prevented from going into effect.  Recently, the Missouri Legislature approved moving a vote on the right to work bill from the November ballot to this coming August.  Critics had called this an unfair attempt by Republcans in the state to influence the vote, as the general election vote in November was expected to have higher turnout (compared to August) and could potentially give pro-union groups a better chance of preventing the right to work measure from taking effect.  Nevertheless, after the Senate approved moving the vote to August 7th, the House followed suit and approved the change in dates.  Given the prevalent spending, on both sides, in anticipation of a November vote, it will be interesting to see how much both sides ramp up spending with only a little over two months until voters head to the polls.


Could a Ninth Circuit Case Jeapordize Arbitration of ERISA Agreements?

After the U.S. Supreme Court recently held that employers may include a class action waiver in arbitration agreements without violating the National Labor Relations Act, I thought this would be a good time to note a relevant ERISA case in the Ninth Circuit.  That case, Munro v. University of Southern California, addresses whether a class action waiver in an arbitration agreement is enforceable to prevent a class action claim brought on behalf of the plan under Section 502(a)(2) of ERISA.  While the Court just heard arguments in the case a few weeks ago, there is some question over whether the Ninth Circuit will follow the ruling from the Supreme Court and apply it to the ERISA matter in Munro.  Stay tuned.

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