Congress has passed legislation invalidating and rendering mandatory arbitration clauses unenforceable in cases relating sexual harassment or sexual assault disputes. With passage, the bill was sent to the White House where President Biden is expected to sign it into law. Once enacted, it will apply to “any dispute or claim that arises or accrues on…
Read More »Earlier this year, the Supreme Court of the United States (SCOTUS) ruled in the Epic Systems decision that mandatory arbitration agreements containing class action waivers were legal provisions of an employment agreement. Notwithstanding that decision, on a vote of 25-12, the California state senate approved AB 3080 and sent it to Governor Jerry Brown this…
Read More »By a 5-4 decision released earlier this week, the Supreme Court of the United States (SCOTUS) confirmed that employers have the right to require employees address grievances through arbitration and not class action litigation. With so many recent frivolous issues being litigated against small business employers recently (butter v. margarine, real blueberries v blueberry filling,…
Read More »A more recent undertaking by so-called worker advocates (have to believe that unions are likely writing this bill too!) is the Empire Act, legislation that would allow employees to bypass forced arbitration clauses in their employment contracts. The bill is in preparation for the anticipated decision of the Supreme Court of the United States (SCOTUS)…
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