An employer’s ability to have disputes with employees resolved by arbitrators instead of courts had some ups and downs in recent days. One of those developments suggests that employers should review and perhaps revise their arbitration agreements to keep them enforceable in state court. The other development indicates that arbitration agreements will continue to be treated favorably by federal courts.Continue Reading Recent Developments Warrant Review of Arbitration Agreements
Employment Contracts and Agreements
Class Action Waivers in Arbitration Agreements: One Step Forward, Two Steps Back! Class Action Waivers a Violation of the National Labor Relations Act
By Labor & Employment on
If you thought all the news from the NLRB these days had to do with Posters and Recess appointments, think again. On January 6, 2012, the National Labor Relations Board emphatically rejected an arbitration agreement that required employees to waive their class action rights. This opinion squarely rejected the U.S. Supreme Court ruling last year in AT&T Mobility v. Concepcion, wherein SCOTUS approved of class action waivers in compulsory arbitration agreements.
Continue Reading Class Action Waivers in Arbitration Agreements: One Step Forward, Two Steps Back! Class Action Waivers a Violation of the National Labor Relations Act
California Pre-Employment Arbitration Agreement Ruled Unconscionable
By Ramona Carrillo on
Posted in Employment Contracts and Agreements
Including arbitration provisions in employment agreements or employee handbooks is not a guaranteed way to avoid the courtroom. On January 3, 2012, the California Court of Appeal upheld a decision from the Sacramento County Superior Court holding that an arbitration provision contained in a pre-employment agreement was unconscionable, and, therefore, unenforceable.Continue Reading California Pre-Employment Arbitration Agreement Ruled Unconscionable
2012 Brings A Whole New Set Of Obligations And Challenges For California Employers – Failure To Comply Could Be Devastating
By: Lizbeth (“Beth”) West, Esq.
Governor Brown signed a significant number of bills into law during the 2011/12 legislative term, many of which will have a direct impact on almost every California employer, regardless of size. Many laws impose new obligations on employers and prevent employers from engaging in what they may otherwise thought was previously permissible. Below is a summary of the employment-related legislation that goes into effect on January 1, 2012 (except where noted).Continue Reading 2012 Brings A Whole New Set Of Obligations And Challenges For California Employers – Failure To Comply Could Be Devastating
Bits and Bytes
Steve Jobs has passed away, leaving many iMourners beside themselves today. His legacy has touched many aspects of everyone’s lives, from the way they now conduct business on a tablet, to the way they remember what groceries to get, to the amount of overtime people are owed ….WHAT!?! How did that last bit get in there?
Our blog is not just satisfied mentioning Jobs passing, finding a candle app on our iPad and holding it above our heads. We must look at the lasting impact the iphone, ipad, and other electronic devices have on wage & hour law in the workplace.
As a harsh reminder of the impact technology is having on wage & hour law, recently Chicago police Sgt. Jeffrey Allen filed a class action against the City of Chicago claiming iOT. Allen is suing the City of Chicago on behalf of himself and others, seeking pay for time spent dealing with work-related phone calls, voice mails, emails, text messages and work orders via BlackBerry devices and similar “personal digital assistants.” The officer alleges these activities entitle the group to overtime compensation under the federal Fair Labor Standards Act (FLSA).Continue Reading Bits and Bytes