The U.S. Supreme Court heard oral arguments on October 2, 2017 in Epic System Corp. v. Lewis. And while the case may not make headline news, it has very important ramifications for employers across the country. At issue is whether employers can legally compel employees to enter into arbitration agreements which contain class action
Quick video on the five things California employers need to pay attention to in 2017.
(Sorry for the wind noise in the video.)
I briefly discuss the following five issues:
1) Augustus v. ABM Security Services: A new California Supreme Court decision about whether rest breaks during which security guards were required to
Today’s Friday’s Five is a short video about five employment law considerations employers should review at the end of 2015. As mentioned in the video, I will be conducting a webinar on December 2, 2015 for employers to understand and comply with new employment laws taking effect in 2016. I will also discuss new
1. Arbitration Agreements: What Are They?
Employers can agree that they and any employees who enter into an arbitration agreement will resolve their differences before a private arbitrator instead of civil court. There are many different arbitration companies to choose from, but the American Arbitration Association and JAMS are two of the larger ones that
Today, the California Supreme Court issued a ruling in Iskanian v. CLS Transportation Los Angeles, LLC regarding the enforceability of class action waivers in arbitration agreements. In upholding class action waivers in arbitration agreements, the Supreme Court explained in the introduction of the opinion:
The question is whether a state’s refusal to enforce such a
In Kinecta Alternative Financial Solutions v. Superior Court (wrd) held that a trial could improperly ordered a wage and hour class action to proceed in arbitration as a class action. The appellate court held that even though the arbitration agreement was silent on whether the parties agreed to arbitrate class claims, the fact that the
The National Labor Relations Board (NLRB) recently held in D.R. Horton, 357 NLRB No. 184, that a class action waiver in an arbitration agreement was unenforceable as it violates employees’ rights under the National Labor Relations Act (NLRA). Specifically, it held that employees have “the right ‘to engage in…concerted activities for the purpose
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