Rachel Malehorn / CC BY Congratulations! You’ve made half-way through “Amy Coney Barrett Week” at The Employer Handbook. Well, technically, you won’t reach the midpoint until you get about 178 words into this 356-word-long post, but you get the idea. So, how about we discuss the thrilling, compelling, edge-of-your-seat world…
Image by mohamed Hassan from Pixabay Be careful what you wish for because you might just get it. [cue music] If you require your employees to sign arbitration agreements as a condition of employment, and those arbitration agreements force employees to waive their rights to assert claims together as part…
Image Credit: Photofunia.com (https://photofunia.com/results/5dfae5ac089f7ac0528b45a3) And it only took 22 years. Back in 1997, Puff Daddy — he was Puff Daddy back then — was burning up the charts with his Biggie Smalls tribute, I’ll Be Missing You (feat. Faith Evans and 112). Meanwhile, the U.S. Equal Employment Opportunity Commission released…
Image Credit: Photofunia.com It’s called the FAIR Act, which stands for the Forced Arbitration Injustice Repeal Act. The FAIR Act would amend the Federal Arbitration Act to prohibit a pre-dispute arbitration agreement from being valid or enforceable if it requires arbitration of an employment, consumer, antitrust, or civil rights dispute.…
Image by Andreas Breitling from Pixabay What a difference a few years make. Two years, Richard Griffin, the former General Counsel of the National Labor Relation Board (“NLRB“), stood before the U.S. Supreme Court and argued in Epic Systems v. Lewis that arbitration agreements requiring employees to forego the ability…
Image Credit: Photofunia.com In a statement issued earlier this week, House Judiciary Chairman Jerrold Nadler (D-NY) announced that he would “not rest” until Congress passed “historic legislation to end forced arbitration.” I have a feeling Mr. Nadler is going to be pretty tired. But, let’s see what this is all…
Image Credit: Pixabay.com (https://pixabay.com/photos/achievement-agreement-business-3385068/) Last year in Epic Systems Corp. v. Lewis, the Supreme Court narrowly concluded that a court should enforce an agreement between an employer and employee to arbitrate claims individually notwithstanding workers’ rights under the National Labor Relations Act to engage in protected concerted activity. That decision…
Image Credit: Photofunia.com (http://photofunia.com/results/5cc10d55846d7897318b4581) In 2010, the Supreme Court held in Stolt-Nielsen SA v. AnimalFeeds International that a court may not compel class-action arbitration when an arbitration agreement is silent on the availability of such arbitration. Last year, in Epic Systems Corp. v. Lewis, the Supreme Court issued another employer-friendly…
Image Credit: Pixabay.com (https://pixabay.com/en/printer-fire-flames-broken-38027/) Yesterday, I successfully alienated every reader that doesn’t work in the restaurant industry or otherwise nerd out on Fair Labor Standards Act minutiae. Today, I double down with idiosyncratic arbitration agreements, specifically those possibly used by New Jersey employers. I promise to get back to something more…
Google Inc. [Public domain], via Wikimedia CommonsThe last month for Google has been big for tech and employment law nerds alike. And I just happen to check both boxes. On the tech side, Google released the latest versions of its flagship phone, the Google Pixel 3 and Pixel 3 XL.…