Can you require your workers to arbitrate claims? What if they work in interstate commerce? Recently several courts have addressed the scope of the Federal Arbitration Act (FAA) and when it applies to arbitration agreements...more
California is complicated for employers — and a recent case, Viking River Cruises, Inc. v. Moriana, is just one more example. The Private Attorneys General Act of 2004 (PAGA) authorized California employees to sue employers...more
6/16/2022
/ Arbitration ,
Arbitration Agreements ,
California ,
Class Action ,
Class Action Arbitration Waivers ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Labor Code ,
Labor Law Violations ,
Private Attorneys General Act (PAGA) ,
State Labor Laws
On March 3, 2022, President Biden signed the long-titled Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021. Seen as a result of the #MeToo movement, this fairly simple amendment to Title 9 of the...more
4/8/2022
/ #MeToo ,
Arbitration ,
Arbitration Agreements ,
Biden Administration ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Employment Contract ,
Federal Arbitration Act ,
New Legislation ,
Pre-Dispute Arbitration ,
Sexual Assault ,
Sexual Harassment
There have been many examples of the tension between the “gig economy” and traditional labor laws. Most of the companies like Uber or Grubhub choose to classify their drivers as independent contractors instead of employees,...more
This week, the Ninth Circuit held that Ernst & Young’s (E&Y) arbitration agreement that prohibited its employees from filing class actions violates the National Labor Relations Act (NLRA). E&Y required as a condition of...more
8/25/2016
/ Appeals ,
Arbitration ,
Class Action ,
Class Action Arbitration Waivers ,
Collective Actions ,
Dismissals ,
Ernst & Young ,
Fair Labor Standards Act (FLSA) ,
Federal Arbitration Act ,
NLRA ,
Pre-Employment Agreements ,
Section 7